TAXIS AND RACES.

Auckland Star, Volume LXIII, Issue 194, 17 August 1932, Page 3

TAXIS AND RACES.

QUESTION OF A LICENSE. ROUTES AND FARES. TRANSPORT BOARD PROSECUTES. Twenty-one taxi drivers were "on the list" at the Magistrate's Court this morning for an alleged breach of the Transport Act in carrying separate passengers from the races to the city. Two cases were taken as tests. One was dismissed by the magistrate, Mr. F. K. Hunt, S.M., and in the other decision was reserved. All tT.e remaining cases wore adjourned pending the reserved judgment. I*. Castle was charged with a breach of section 3S of the Transport Act, 1931, which requires a vehicle plying on a defined route to have a license. Taxi cabs are exempt under the section, but the prosecution contended that by plying between lixed points, a taxi cab brought itself under the section and required a license. Defendant pleaded not guilty. J. Hamea, clerk in the Transport Board office, said he travelled in defendant's taxi from the Epsom trotting meeting to the Dilworth corner. The driver asked where the passengers wanted to go. A man and a woman got out in Khyber Pass Road. Separate fares were paid.. The taxi was standing out-side the gates at the Trotting Club's course, and-witness simply got in; he did not ask where the vehicle was poing; the. taxis generally made a rule of running to Queen Street. Mr Hunt eaid the idea of the section was evidently to prevent a taxi from competing with a bue running on a regular route. Counsel for defendant said the section referred to obtaining a certificate of fitness to ply on a route. It exempted a vehicle that wae available for hire ae a taxi and defendant's vehicle was certainly so available when it was standing outside the racing club's gates. Counsel for the prosecution said it was absurd to eay the taxi ™s available as a taxi at the same time as it able for people paying separate fares.

What is a " Route " ? Mr Hunt said the section referred to a vehicle plying on a "defined route The taxi in the case could not be said to have so plied; the driver asked the passengers where they wanted to go. Prosecuting counsel said tfcrtt wae no answer to the charge; if the driver clinrcred separate fares it did not matter what route he took; it was the starting and destination points that constituted a route. If a taxi wanted exemption under the section it must ply for hire for a lump fare and not take passengers at separate fares. If the defence was sound, taxis would never come under the section, and the whole purpose 01 the Act would be defeated. Mr. Hunt said the object of Hie section was to prevent undue competition with licensed vehicles plying on a regular route. 11l the present case the taxi could not be eaid to have plied on a regular route. The case would be dismissed. Counsel for the prosecution gave notice of appeal. Separate Fares? The next case, that against a taxi driver named J. G. Buchanan, was somewhat different. 15. H. Renner, in the employ of the Transport Board, said the taxi was standing outside the gates at the Epeoni trots, and the driver said, "right away for the city." When a man got out at the Strand Hotel, Parneil, the driver looked at the meter and sai.l the fare would be about 2/ each. Ho refused to take 2/ from the man getting out, and it was handed to another passenger. When witness got out at tho Waverley Hotel corner the driver '•efused his fare, which was handed to the other passenger, who paid for the lot. The driver said he had to be careful about accepting separate fares owing to the regulations of the Transport Act.

' Mr. Hunt said he intended to dismiss that case also. Prosecuting counsel eaid the defined route was from the racecourse to the city. When the driver said "Right away for the city," it was just as much a defined route as the destination sign "Onehunga" on a tramcar. . Buses' Routes Defined. Mr. Hunt said that if it was a case of a bue licensed to ply it would have a defined route, the streets being named. Prosecuting counsel still contended that it was the starting point and destination that constituted a "defined route." Mr. Hunt said that in the case of licensed buses the route was defined and passengers could bo picked up en route; tho defendant did not pick up passengers. Prosecuting counsel said the Act must be given such a fair, large and liberal interpretation as would best effect its object and purport. Counsel for the defence said the section was very clumsily drawn and must speak for itself. His friend had spoken of the mischief the Act was supposed to prevent, but they could not make the Court a common gaming house, to guess at what was intended by the Legislature. Mr. Hunt said if a Tbus was licensed to run from the Epsom trots to the citv the idea was to prevent any competition from interfering with that bus on that particular run and route, but the taxi in the present ease did not follow that route, and went where the passenger wished. Many Taxis Licensed. Prosecuting counsel pointed out that if a taxi wished to run from the races to the city it should apply for a license and then its case would be considered. Many taxis were so licensed. Mr. Hunt: That is if he runs regularly; this man did not run regularly. Prosecuting counsel said it did not matter whether a man ran regularly or not. If he ran between fixed points or at separate fares he must get a license. Mr. Hunt asked how long it was since taxis were granted licenses to run to the races. Counsel said licenses had been issued as far back as a month ago. The matter had frequently been referred to in the papers. Mr. Hunt said he did not know such licenses had been Issueft , so far back; he thought they had only been decided upon during the past few days. Mr. Hunt reiterated that he had not been aware taxis had been licensed for this race work as far back as a month ago, and under the circumstances he would not dismiss the case against Buchanan, but would reserve judgment so that he might go more fully into it. Prosecuting counsel said the matter was important to the Transport Board, and asked that his Worship would expedite his judgment. Mr. Hunt said he would give judgI meiit very soon.