Taxi by-law invalid

Press, 16 March 1982, Page 4

Taxi by-law invalid

The Blue Star Taxis (Christchurch), Ltd. by-law restricting the use of a" taxi to 14 hours a day for a sixday week is invalid and unenforceable, Mr Justice Casey has ruled in a reserved decision given in the High Court. His Honour held that the by-law related to the service of the public and had to have the approval of the Transport Licensing Authority which had not been obtained by Blue Star. Twenty proprietors challenged the action of Blue Star in passing the by-law in a case heard on March 3.

Mr P. H. B. Hall appeared for the taxi proprietors and Messrs J. R. Milligan and P. J. Doody for Blue Star. His Honour said that because of a decline in work the annual general meeting of Blue Star in August, 1981.

resolved that all cars should revert to a ‘single-shift one permanent driver operation forthwith with the exception of a husband and wife partnerhship"; and that where one partner was fully employed outside the taxi industry'he or she should only be permitted to drive as a casual between 4 p.m. on Saturdays to 5 a.m., on Sun-, days.

Similar restrictions were to apply to the owners employing’a full-time driver. Both before and after that meeting discussions had been held with the No. 9 Transport Licensing Authority who had indicated that he would be disposed to approve amendments to Blue Star’s rules along those lines provided that a suitable roster of taxis was prepared. On consideration the Blue Star board felt that such a

roster might unduly favour the company’s competitions and looked for some other way of dealing with the problem. ' On November 17, 1981. a special general meeting of Blue Star confirmed that some restrictions should be placed on the hours of taxi operation, his Honour said. The by-law restricting the use of taxi to 14 hours a day for a six-day week was passed on January 30. 1982. The intention was to restrict the operation of taxis owned by partnerships and he understood that most of the applicants challenging the by-law were members of husband and wife partnerships. Their taxis were restricted to the same running hours as those of a single licensee-operator, who was already subject to existing limitations on individual

driver hours. His Honour held that Mr Hall was correct in his submission that the by-law related to the “service of the public by taxi-cabs." "A res’triction of the hours in which a taxi may work prima facie relates'to the service of the public within the meaning of the section, unless the Court is satisfied on appropriate evidence that it cannot affect that service, or that the effect is so minimal as to be not worth consideration. On the evidence I am unable to say this is the case.” said his Honour. Having reached the conclusion that the by-law required the approval of the Transport Licensing Authority, he made a declaration that until that was obtained it was invalid and unenforceable. his Honour said.