OFFENCE AGAINST BY-LAW

Rotorua Morning Post, Volume 3, Issue 667, 20 October 1933, Page 6

OFFENCE AGAINST BY-LAW

UNLICENSIED PASSENGER CAR A similar chargie of carrying passengers without being in possession o-f the necessary license under the borough by-laws was preferred against R. Douglas by the traffic-inspector. It was stated that the car used for the purpose by defendant was privately registered and owned by Mrs. Cormiany, of Ngongotaha, and Douglas had been noticed carrying passengers on many occasions, while evidenee was also submiitted by Henry Oakes and Huna Kepa that parties of Maoris hiad been seen in the car and that fares had been paid to Douglas. Appearimgi for the defendant, Mr. E. Roe submitted that no case of plying for hire had been submitted. He contended that owing to the definite nature of the infonnation, the fact that the car was carrying passengers for 'payment on October 1 wbuld have to be proved by the proseeultion, and also that under the transport legislation of recent years the "by-law was inapplicable to the p.resent case. He quoted an authority in- support of this contention. Continudng, he pointed out thalt there was a vast distinction between plyang for hire and carrying passengers.

For the inspector, Mr. J. D. Davys pointed out that as the by-law stood at'present Douglas had been carrying passengers- without insurance provisii'on which had serious possibilities. Defendant. hau been making! Rotorua his terartinal podnt and it h'ad been • ■shown that on six occasions he had set down land picked up passengers ahd also collected fares. He submitted that in view of the possibility of serious consequences of injury thfe by-law w'as a.pplicable to1 Ithe case. ' Mr. Paterson said that he would •fcafce tim.e to consider the evidenee and reserved his decision.