Taxi Federation Sees Contractual Anomalies

Press, Volume CVI, Issue 31152, 31 August 1966, Page 8

Taxi Federation Sees Contractual Anomalies

(From Our Own Reporter)

TIMARU, August 30.

Because of rushed legislation, a taxi licensee or driver for an organisation was excused from carrying out a contract of hire if he had a reasonable excuse, such as involvement in an accident, but his organisation was liable to a maximum fine of £5O for failing to ensure that the same contract was carried out, even when it did not know of the driver’s accident, Mr K. R. Martin, of Rotorua, told the Taxi Proprietors’ Federation in Timaru today.

All the money and effort being poured into the development of taxi-cab organisations meant nothing to the Minister of Transport <Mr McAlpine), who continued to regard and treat them as “an irresponsible and disorganised rabble,” said Mr Martin in a report to the federation’s convention.

“The contractual obligation, if it was to be rigidly enforced, could have a profound effect on the whole pattern of operation,” the report continued. “The law is now absolute in effect, and not even an act of God may be offered as an excuse by a taxi-cab organisation for non-perform-ance of a contract of hire. “It is discriminatory to the point of abhorrence, for no other form of transport, including the railways, air, shipping or bus services, is re-

quired to operate under such an intolerable condition, which has a complete disregard for the practicalities of taxi-cab operation. “Nor am I aware of any other country in the world which has imposed such an obligation on taxi-cab organisations. In its discrimination, it appears to contravene all the unwritten and some of the written laws of common justice," Mr Martin said. “The federation has taken this problem as far as it possibly can with the Minister, who throughout has remained obdurate. We take small comfort from assurances that prosecutions will be taken only in certain circumstances, for we cannot agree that State employees should usurp the functions of the courts in this fashion.

“In short, the law should be explicit and fair. We should not be exposed to the variable whims of those who will decide, in the years to come, whether they should prosecute,” the report said. “The Minister is deluding himself if he fails to realise the bitterness with which the industry as a whole views this legislation and the manner of its passing,” said Mr Martin. “We are being dictated to, not governed, and it is time it was stopped,” said Mr W. H. Newall, of Otago. The member of Parliament for Timaru (Sir Basil Arthur), sail the full implications of the Transport Amendment Act passed last year had not been appreciated by Parliament at the time.

“Already, one case has been tested in court, and I would not be at all surprised if amendments to the law are introduced to overcome some of the obvious anomalies,” said Sir Basil Arthur.

Referring to the contractual

obligations of taxi-cab organisations, he said: “There is an injustice there to taxi operators which should be righted.” The meeting was told earlier that Sir Walter Nash was sympathetic, and had promised to help. “He (the Minister of Transport) could not care less about us. He is leaving a sinking ship,” said Mr R. Hopkins, of Wellington.