TAXI-CAB SERVICE.

Auckland Star, Volume LXI, Issue 231, 30 September 1930, Page 17

TAXI-CAB SERVICE.

NAPIER TO HASTINGS ROUTE.

RAILWAY DEPARTMENT AS

PROSECUTOR

COMPETITION WITH BUSES

(By Telegraph.—rress Association.)

NAPIER, Monday

A case brought by the Railway Department involving the Napier-Hastings taxi cab service, run in competition with railway buses, was heard in the Magistrate's Court by Mr. A. M. Mowlem, S.M., this morninjr. Malcolm Mcintosh Taylor w.as charged "that, being the owner of a. motor cab registered by the Napier Borough Council as a motor*cab, he did on August 5. 1930, ply for hire with such vehicle as a borough omnibus, such vehicle not beinjr licensed so to ply." ilr. Lusk said the prosecution had been brought because it was thought that unfair competition was being caused by the running of these cars, which were merely subject to taxi car taxes and not to the heavier penalty imposed upon motor omnibuses. The service referred to was really a pirate service, which was causing heavy losses to the omnibus service on the route. Evidence would be brought to show that the service was being carried on in direct contravention to the borouph by-laws. An Unusual Proceeding. Alexander Miller OHiver, borough inspector of motor vehicles, said the license | issued in respect of defendant's car was for a motor cab to carry four passengers. Other licenses were granted at the same time to other members of the service. Application had been made for permission to carry six passengers under the taxi license. This was refused, and subsequently application was made just for taxi licenses, which were granted. At no time had the borough approved of a time-table for the services. Cross-examined, witness said these proceedings were lodged by the Railway Department, and not by the council. This was an unusual proceeding. Defendant had run on a license granted during 1929 and the license had been renewed in May this year. Witness stated that all service cars leaving Xapier daily for various parts of the country were licensed under the same licenses as the Napier-Hastings service. Some of these were used for taxi work as well. In answer to the magistrate, witness stated that the Napier-Hastings service was exceeding the allowances of the license by driving on a set route to a time-table at separate fares. Are They Service Cars? For the defence. Mr. Rogers suggested that the by-law dealing with the matter was invalid. He quoted a judgment of Mr. Justice Ostler's in a case in which the question of licenses was involved. In this his Honor stated that a by-law governing omnibuses was unreasonable and was not strictly enforced by the authorities. This fact alone was sufficient to show that the by-law was unreasonable. Mr. Rogers submitted that the Napier Borough Council, realising that it had no license to meet the exact case, granted a certain license, and also a renewal of the license, at the time knowing full well the nature of the service being carried on. No prosecutions had been instituted by the council, and he suggested that the action of that body had been reasonable in allowing the "use of a license which most nearly appliecl. Mr. Lusk contended that the present case was very different from the one quoted. His Honor's decision was that it was not a fair thing that service cars should be forced to comply with omnibus rules. In this case there were motor cabs trading as omnibuses without that license. He contended that no one could suggest that these cabs were service cars, which were cars used for long distance trips. The magistrate reserved his decision.