PLYING FOR HIRE

Evening Post, Volume CXV, Issue 39, 16 February 1933, Page 13

PLYING FOR HIRE

AFTER-THEATRE TAXIS

BREACH OF CITY BYLAW

Holding that the defendant had failed to show that tho City Council's bylaw was unreasonable, and that the common law right was to use a street for traffic and not for standing vehicles upon, Mr. W. H. Woodward, S.M., in a reserved judgment, has : entered a conviction against Frederick McCormicki a taxidriver, who was charged with plying for hire ou an unauthorised stand. By agreement, a number of similar charges against other taxi-drivers were to be governed by the decision in the case, but it is understood that an appeal is to be lodged and convictions have not been entered against the other drivers. The facts of the case were not in dispute. The defendant drew his taxi up outside the Regent Theatre about 10.30 p.m. on September 5 when the performance there was about •to finish. His "For Hire" sign was showing and he had. not been engaged. He was prepared to take a fare. The bylaw made it an Offence for the driver of any licensed vehicle "to stand or play for hire elsewhere than upon some stand appointed for licensed vehicles-of the class to which it belonged." .-.-•. Mr. Brandon, who appeared for the defendant, advanced ' several contentions. The first wap that what the defendant did was not a breach of the' bylaw, because, he argued, plying for hire connoted a regular practice .'and it was' not. proved that the defendant had repeated the act complained of. . . Upon the facts Mr. Woodward stated that it seemed to him that the defendant did stand for hire, -as he took- up.his stand in the expectation of his vehicle being hired. ■■........;.. It.was further submitted, continued Mr. Woodward, that the bylaw was unreasonable as being unnecessary, for the good government of the city and unfairly tending to deprive of their means of livelihood taxi drivers who paid the' ordinary hackney vehicle licence fee of £1, but not' the additional fee of £3, for the right to use a stand. It was suggested that the object of the prosecutions was to compel them to use the stands and ..o pay the fee. .'.;-. "It is within ihe functions of the council," said Mr. Woodward, ■ "to make a bylaw with that object, and; it is inevitable that such a bylaw, must impose restrictions on vehicles using the. streets. If those restrictions are reasonable the bylaw is not unreasonable.. ;," I

SUFFICIENT STANDS.

"There are sufficient stands in".the city to accommodate all the taxis requiring them, and it was,stated by Mr.Lockie (who appeared ..for. the council), and not denied, that they .re conveniently situated, for pedestrians. The fee charged to taxi drivers for the use of a stand seems somewhat high, but it carries with it the right to use without charge a telephone maintained by the council. There must be some advantage also in being permitted to stand at a spot at which' the public know that taxis may be expected to be waiting. The eoriimon law right is to lise the street for .traffic and not for standing vehicles upon. Ido not think that the defendant has shown that'this bylaw is unreasonable. ' . -

The- defendant was fined £2.