TRANSPORT CASES '

Evening Post, Volume CXX, Issue 1, 1 July 1935, Page 16

TRANSPORT CASES '

DECISIONS AT NELSON

(By Telegraph—Press Association.)

NELSON,. June 28.

Reserved decisions in two transport cases were given today by Mr. T. E. Maunsell, S.M. In the first case, where a private-hire motor-car was used as a passenger service vehicle before a certificate of fitness bad been issued and was in force, the Magistrate said: "It is contended that a pri-vate-hire motor-car was not a passenger service vehicle as it comes within the exemption set out in the definition. The test' is not whether the vehicle is usually available for hire to any member of the public on terms which do not. require expressly or impliedly the payment of separate fares by each passenger, but whether it was so available on the particular occasion in question. If it was, then on that particular occasion it was a passenger service vehicle and required a certificate of fitness. If it were not so, then the object of the Act in insuring against unfit vehicles being) used as passenger service vehicles would be defeated."

The other case concerned a heavy motor vehicle regulation, and the material question of fact involved was whether the local authority had erected a classification sign so as to be clearly and readily visible for at least 50 yards. The Magistrate found the regulation visibility was not provided, and on a matter of law determined that this, was fatal to the prosecution. The information was dismissed.