TRANSPORT LAW.

Auckland Star, Volume LX, Issue 232, 1 October 1929, Page 8

TRANSPORT LAW.

NEW LEGISLATION.

LEGAL OPINION.

"CREATION" OF VESTED

INTERESTS."

Since the new Transport Law Amendment Bill proposes to bring about radical changes in t'lie administration of all matters' appertaining to road transport that are .of. great moment to every municipality in the country, the council of the Municipal Association . will -be called together to. consider.the measure, (says the '•Dominion"). V-f-o help, members of the council, the city solicitor of Wellington, Mr. J. O'Shea,-hae drawn■ up a memorandum which : traverses ;the various provisions of the bill that affect local bodies. •; .. , \ •;■.*•'■./' The new bill, the city sqlicitpr states, proposes to give the new transport, department control of the Main Highways and Tramways Acts. At present,' that department is acting on the advice of the Advisory Committee, called the Transport Board, which has a majority of members from the motor trade, and if "it continued to act solely in the interests of that trade it means that the motor trade will control the-high-ways administration, and aleo' V'ilie administration of tramways, the...property of municipalities and tramways boards, which are large 'trading; opponent* of the trade. . If tintt..power were used; Ruthlessly it "rnighf ..yei'y serious.-:matter to many municipalities. All exemptions from fees;are' abolished, and trackless trams are to be treated as motor vehicles and made to pay fees. The licensing of motor drivers is 'being taken away from the 1 local ■bodies, which is a serious inroad on the function of the Wellington City Council. "Too Wide a Discretion." "A far too wide discretion in given the Minister in providing that he- may disallow any by-law relating to- motor traffic on the ground that the matter should be dealt with by provisions of general application." . • • — The solicitor thinks that if the motor traffic is a liational affair the erection of sign-posts should aftso be a ■ national responsibility, but steps are-being.taken to impose, that obligation, on the local bodies. ; -> .. :/ . .. Astto the motpr omnibuses, he .points •out that the present ;districtc are away with, and. high'way districts _ are being made motor; omnibus districts. There'are to-be'only-two licensing bodies and a iDomini,oh Appeal Board, so the control of-licenses has been- taken away from the local bodies. ■ Creation of Vested Interests.. Compensation -to licensees "of niotor 'buses is. provided for in the case of a renewal of license being refused on the ground of compensation with- the local authority or Minister of Railways. This practically creates a vested .interest, remarks Mr. O'Shea, and such legislation is not satisfactory, as the clause for compensation has too wide an interpretation. Tho solicitor is confident that local foodies could not take advantage of the clause, as it would have to undertake the amount of compensation, and that would make it impossible to carry on without a loss. "Probably Cost Millions." It is proposed to license service care. The underlying'idea (in the opinion of 'the city solicitor) is.to; give dwibefß.of.: such services a • vested' -interest; L > :He says: "The new/legislation wHI create vested • interests in -motor oinnrbus services and other niotor services, which will be more'exclusive than the present; 'system of hotel" licenses./- It will pro? bably cost millions to'get the .public, rights back/ , -Certain privileges held: by Auckland and Christchurch are proposed to 'be taken away, 'hut no doubt there will be resistance from these centres, .' ■;;:';, : . \ Road Subsidies. .. . There is provision for the payment of subsidies todocal bodies in respect of roads or streets that.are not mainhighways, up to: £150,000 per annum. How much of that amount would go to the municipalities is in no way certain, and the solicitor suggests that special attention be given this clause (54) in order to protect the interests of the - ties and larger boroughs which provide the bulk of the revenue. , An excise duty is provided for any motor spirit manufactured in the country and provides for a rebate in duty in cases where such spirit is burnt. The latter, the solicitor thinks, should be a matter of insurance. Dealers' Number Plates. One matter of particular interest in the solicitor's review concerns a further indulgence to the motor trade. This is paragraph 6, clause 15, which says: "Dealers' plates maybe issued for use on motor vehicles held for private purposes as well as for purposes of business." , At present the transferable number plate is limited to vehicles held for sale, or for the purposes of business as a manufacturer or a dealer in motor vehicles. The bill proposes to allow dealers' plates to be used at all and any time, and in cars used for any private purpose. In a note on the abrogation of the rights of local bodies the city solicitor says: "Most local authorities agreed to the passing of the Motor Omnibus Act, 1920, on the understanding that they obtained the right to issue licenses. Auckland bought out all the licenses, and Wellington bought out most of theirs, relying on the fact that the local authority (in Wellington, the Wellington City Council, and in Auckland, the Auckland Transport Board) were to control the issue of licenses. Of course that right was subject to an Appeal Board, which seemed to have no appreciation of the rights of local bodies, but even the nominal power given by the Act I&2G has now been taken ruthlessly away."