CASE AGAINST OWNER OF CAR FAILS

Dominion, Volume 33, Issue 118, 12 February 1940, Page 5

CASE AGAINST OWNER OF CAR FAILS

No Offence Established

CASH CONTRIBUTIONS BY

PASSENGERS

Dominion Special Service.

GREYTOWN, February 10.

A reserved decision of interest to motorists, and particularly to those who have accepted monetary recompense for giving friends or acquaintances lifts, was given by Mr. Lawry, S.M., in a case heard recently in Greytowu, when 11. H. Phelps was charged with carrying ou a passenger service otherwise than, pmsuant to the authority of a service licence. At the hearing it was stated that Phelps resided in Greytowu. and, travelled each day to Masterton in his private ear, returning in the evening. He had no passenger service licence, but on occasions carried people from Greytowu and, Carterton whose employment necessitated their arrival in Masterton before the time of arrival of the regular bus service. While en route to Masterton on October 4 last, Phelps was stopped by Traffic Inspector Nicholson, and he was then carrying passengers, two of whom had at times made voluntary cash contributions to Phelps. These payments were made before October 4. and none were made on that date.

The questions requiring decision were: (a) Whether Phelps was carrying on a passenger service; and (b) if so, was the service for "hire or reward.” The magistrate held that a pasesnger service could be carried on for one day only, the question of regular or irregular intervals being immaterial. The information related to a certain day, and the offence must be complete on that day. As no reward was received or intended on the dav in question, no offence had been established. The earlier contributions had nothing to do with the alleged offence on the day in question. The information was dismissed. The magistrate added that in his opinion the giving of voluntary contributions at irregular intervals would bring Phelps into conflict with the provisions of the Act, and such contributions would amount to both "hire” and “reward.”

At the hearing Inspector C. S. Nicholson appeared for the department, and Mr. J. F. Thompson for Phelps.