GREYTOWN

Wairarapa Times-Age, 10 February 1940, Page 7

GREYTOWN

INTERESTING JUDGMENT ALLEGED PASSENGER SERVICE. ("Times-Age” Special.) Mr H. P. Lawry, S.M., gave his reserved decision at Grey town in the case of Inspector Nicholson v H. H. Phelps, in which the defendant was charged with carrying op a passenger service between Masterton and Greytown otherwise than pursuant to the authority of a passenger service licence issued under the Transport Licensing Act, 1931. The facts proved or admitted at the hearing were that the defendant, who is not the holder of a passenger service licence, resided in Greytown and used his car to convey him daily to Masterton to his employment which began at 8 a.m.« The only available regular bus service did not arrive in Masterton until 8.30 a.m. Defendant returned at 5 p.m., the bus not leaving until 5.30 p.m. On occasions he carried persons from Greytown and Carterton who were employed in Masterton at hours commencing earlier than the arrival of the bus, but there was no evidence as to the finishing time or the suitability of the return bus. On the afternoon »of October 4 last the Inspector stopped the defendant at Waingawa while en route from Masterton to Grey town and he. then had passengers in his car. Two of the passengers had at times made voluntary cash contributions to defendant. Any such payments were made some time prior to October 4 but none was made on that actual date. Two questions arose: First, did defendant

“carry, on a passenger service” within the meaning of the Act and, secondly, if so, was the service for “hire or reward.”

The Magistrate held there could be a carrying on of a passenger service on one day only, without there being any regular passenger service at regular or irregular intervals. There could be a separate "carrying on” each day. The information referred to one day only and the offence must be complete on the date alleged and the service for "hire and reward” on that date. The suitability or otherwise of any existing licensed service does not appear to have , any bearing on the legal position. The magistrate' then stated: —“It is clearly established that no hire or reward was received or intended in respect of the journey on October 4, 1939, so no offence has been established. What was contributed, on other dates cannot be relied on as indicating the giving and receiving of a reward except in so far as it might be deemed to extend to and include the | journey in question. I cannot so regard the earlier contributions in this case and the information is accordingly dismissed. Both parties, however, have requested that 1 give some indication as to whether a continuation of the giving of voluntary contributions at irregular intervals and of indefinite amounts would bring the defendant into conflict with the provisions of the Act. In my opinion it would, for the receiving of such amounts would amount both to “hire” and “reward.” The Magistrate then quoted seevral New Zealand and English decisions dealing with various aspects of law, in support of his decision At the hearing Inspector C. S. Nicholson appeared for the Department and Mr J. F. Thompson (Greytown) for the defendant. BOWLING CONTESTS DENNES MEDAL. (“Times-Age” Special.) Playing for the Dennes medal, H. J. Nightingale defeated H. B. Wallace 19/17. In the champion singles W. Higgison defeated L. Curtis, 19/18. In the Gold Buckles competition Dennes and Shedden defeated Kilgour and Higgison. — School Sports. Gn Tuesday afternoon the pupils of the Carterton District High School will visit Greytown and compete with Greytown in athletics and swimming. Personal Items. Mrs N. S. McLeod is on a visit io Dannevirke. Mr J. M. Jackson left today for duty at Fort Dorset. Mr Martin Hobson has left for Christchurch on a holiday. Grey town, pupils successful in obtaining school certificates include Joyce Horton and Kelvin Thompson of Nelson College.