TITAHI BAY BUS

Dominion, Volume 27, Issue 221, 15 June 1934, Page 8

TITAHI BAY BUS

Right to Run Service APPEAL HEARD Cases of Crichton and Hunter On the ground that the No. 0 Licensing Authority’s refusal to grant hTin a renewal of :t license for a passenger bus service between Titahi Bay and Wellington had caused him substantial financial loss, James Alexander Hunter, Porlrua, yesterday appealed to the Transport Co-ordination Board for a reversal of the authority's decision. Concurrent with this was an appeal against the N’o. 6 Licensing Authority granting a license to S. A. Crichton for a bus service, which hitherto ran to Johnsonville only, to extend its operations to Titahi Bay. . The board reserved decision after a hearing lasting most of the day. The' board comprises Sir Stephen Allen (chairman), and Messrs. H. B. S. Johnstone and L. Aiderton. Mr. H. F. O’Leary appeared for Hunter and Mr. G. G. G. Watson for Crichton.

Mr. O’Leary submitted that the refusal to grant the license, in effect, had put Hunter out of business and had caused him to incur a very substantial loss. The reasons given by the licensing authority for the refusal were that Hunter had been convicted for breaches of his license, and that, in any event, it was uneconomical to run two services on the one route. Only One Conviction. Many charges, Mr. O’Leary contin-' ued, has been made against Hunter, particularly in respect of having picked up and set down passengers in Johnsonville, this being forbidden him. He was convicted on one only. The attitude taken up by the licensing authority in regard to this conviction was tantamount to their revoking’ his license. Counsel considered this to be most unfair, in that if the breaches alleged were of sufficient importance to warrant a revocation of Hunter’s license the proper remedy was to institute a public inquiry under section 3G of the Transport Licensing Act. Inferentially, the Transport Department did not view the breaches in this light, as, although Hunter had asked for such an inquiry, this had not been granted, and the only action taken was court proceedings. Hunter having paid the penalty imposed by the court, should not now suffer this immeasurably greater penalty. Counsel submitted also that, on the figures, Hunter, who served half the -people dealt with by Crichton, and over a much longer route, could run his ■buses approximately 4d. a mile cheaper than could Crichton. On economic grounds, therefore, it was obvious that of the two, Hunter should be given preference. He had been on the route since 1027. Evidence in support of Hunter was given by liobert .Sievers, on behalf of Porlrua residents, and by Edgar Samuel Doddington, on behalf of returned soldiers of the district. The latter witness said that for the past 12 to 15 months, Hunter had been transporting, free of charge, about 20 returned men to and from their work. Investment in Business. Evidence was given by Hunter, who detailed his activities since 1027. He put something in the vicinity of £4OOO into the business. At present, he said, he had six buses, three in commission and three out of commission. To Mr. Watson Hunter admitted that the engines in the three buses in commission were second-hand car engines. The original engines, he added, were failures, and he had others put in. That was in 1033. He would not admit that he had experienced trouble in obtaining a certificate of fitness for his vehicles. He denied having picked up and set down passengers in Johnsonville. Evidence in support of the appeal was given also by residents of Titahi Bay, Tawa Flat, and Porirua. . Good Service Dragged Down. Mr. Watson submitted that the evidence of people who said that they had no. complaint about the service Hunter had given, and who said that they wanted him to continue, was of little value. Evidence of people who saw nothing wrong carried little weight In court compared with that of people who did see something wrong. He bad no doubt that Hunter had many friends, but that was not the test. Hunter, after warnings lasting over years, was given his license last, year on the condition that he must observe the law, especially with regard to “pirating.” As a result of the illegal operations of Hunter, Crichton’s business was being ruined, and he who had given the best of services was being dragged down to the lowest. A law intended to govern the transport of the country would be stultified if the appeal were allowed. The function of the board was to protect that law and not to serve private interests. If a man chose to jeopardise his capi- j tai investment by being a law-breaker it was not for the board to protect him. Crichton Losing Money. Stewart Archibald Crichton said that lie would be able to arrange a time-table and serve Titahi Bay witli his present fleet of buses. He gave instances of passengers being picked up at Johnsonville by Hunter’s buses, and said it occurred frequently. To Mr. O’Leary, be said that that activity by Hunter Had reduced bis takings by about £2O a week. He was now running at a loss, but lie would not admit that he was unable to separate the loss ou buses from any loss that might be made on the rest of his service station business. 'The loss was not entirely due to illegal picking up of passengers by Hunter, but partly due to interference with his service by Hunter’s picking up passengers on the boundary of his territory. Ernest Henry Barrett, transport traffic officer, said he had had Hunter’s service under observation for about a week twelve months ago, and detailed the offences which he observed committed in connection with the buses at that time which had led to a prosecution. 'The time-table was not observed. waybills were not made up properly. and tickets were not issued to all passengers. Hunter had since t lien been running a service between Johnsonville and Wellington by parking his bus near the Johnsonville boundary. Hunter’s service caused a lot of trouble and w-itness bad been instructed to prosecute, but had refrained when Hunter’s license had been refused. He had counted 21 passengers getting off one of Hunter's buses near Johnsonville and walk into the town. Sympathy for Hunter. Arthur Herbert 'Carman, who volunteered to give evidence, said he was a

resident of Tawa Flat, and was dissatisfied with the service, as many olhers In the district also were. Many of those who had signed the petition to Imre it retained by Hunter had done so out of sympathy' for him and not because they were satisfied with it. The buses were uncomfortable ami delays frequent.