TRANSPORT CASES

Evening Star, Issue 22068, 29 June 1935, Page 28

TRANSPORT CASES

RESERVED DECISIONS ANNOUNCED . \ [Per United Press Association.] ! NELSON, Juno 28. Reserved decisions in two transport •ascs were given to-day by Mr T. E. Mauusell, S.M. In the first case, where a private hire motor ear was used as a passenger service vehicle before a certiticato of fitness had been issued, and was in force, the‘magistrate said it was contended that a private hire motor car was not a passenger service vehicle as it came within the exemption set out in the definition. The test was not whether the vehicle was usually available for hire to any member of the public on terms which did not require expressly or impliedly the payment of separate fares by each passenger, hut whether it was so available on the par'cular occasion in question. If it were, then on that particular occasion it was ■a passenger service vehicle and required a certificate of fitness. If it were not so, then the object of the Act in insuring against unfit vehicles being used as •.ssengcr service vehicles would be dc.eatccl The other case concerned the heavy motor vehicle regulation and the material question of fact involved was whether the local authority had erected ,i classification sign so as to be clearly nd readily visible for at least 5(1 yards. The magistrate found that the prescribed visibility was not provided, and on a matter of law determined that this was fatal to the prosecution. The information was dismissed.