Amberley garage ’s opening charges queried

Press, 13 January 1982, Page 9

Amberley garage ’s opening charges queried

A service station owner is entitled to charge a special opening fee for opening his petrol pumps on a holiday, but inquiries by “The Press” have failed to establish whether he can continue to charge the opening fee to all motorists who call in once the pumps are open. Mrs V. Pengelly complained in a letter to “The Press” that at 10.20 a.m. on Saturday, January 2. she drove into the Palmer Ford Garage at Amberley and on reaching her turn at the petrol pumps was told by the attendant that she would have to pay a $5 opening fee.

“As there were at least 10 other cars within the quar-ter-hour, it made a profitable turn-out for the garage. “Being short of petrol and cash I had to buy the smallest amount of petrol at the time. Could the owner not have lowered the fee to, say 52 a car which would have been more acceptable? There

were at least 10 more motorists present in the same predicament as myself and probably somewhat annoyed,” said Mrs Pengelly. Mr J. P. Palmer, general manager of Palmer Ford, said that the garage had not been open for normal business and he was not obliged to open it. The situation had arisen when the Amberley police constable had called out the mechanic, telling him that there was a group of motorists waiting at the garage for petrol. The constable had told the motorists that there would be a $5 fee. One person had complained. Mr A. H. Kelfaway, president of the Canterbury branch of the Motor Trades Association, said that while no flat rate could be charged, individual owners were entitled to recoup any costs incurred from opening. “Each case must be charged on its merits. If the proprietor has come some dis-

tance to ctx in his garage its a differen t story from owners who live only a few metres awa y. A spoke 'sman for the Labour Department said that Saturday. J anuary 2. was a public hoM lay and the employer wor Id have had to pay treble-* Jme rates to the employee who opened the garage. ' The horn ly award rate for a mecharit . 'is about $7 if he is an A gr ade mechanic and claims cf rtain allowances. The a waft, 4 also provides for a minimu m of three hours pay for “c all back" work on a rostered day off. This n* • ;ans that the employer ma y have had to pay the mechanic up to about $6O for openii <g the garage, and it is to pa; ; for this and other costs that • . the motorists are charged. ■ • The din ...actor of the Trades Division of the Trade and Industry ‘ Departtment. Mr J. Egan, sa id from Wellington

that the charge did not come under price control. It was a matter for the customer to decide whether to accept the petrol and the charge. He did not think the garage owner would break the law by surcharging all motorists who called for petrol.

The assistant director of the Consumers Institute, Mr D. J. Russell, said that the garage attendant would have had to make it clear that the charge was an additional one for his specially opening the pumps, because petrol was subject to price control. It was then a matter for the garage to decide how much to charge for the service of opening on a day off. If a customer felt he was overcharged he could lay a complaint with the Trade and Industry Department under section 54 of the Commerce Act, which covers profiteering.

“It relates to what comparable garages would charge. If it is 20 per cent above that there would be a case, but it would have to be proved in court,” said Mr Russell. He said that a customer might also choose to take a claim to the Small Claims "Tribunal.

A Spokesman for the Motor Trade Association said from Wellington that no guidelines on charging were given to members. Such cases would arise only in isolated areas.