VALIDITY OF BY-LAWS QUESTIONED.

Gisborne Times, Volume XLVIII, Issue 4474, 15 February 1917, Page 6

VALIDITY OF BY-LAWS QUESTIONED.

FIXING CHARGES OF TAXI DRIVERS. TEST CASE AT MAGISTRATE’S COURT. The question of the validity of a clause in the Borough bye-laws prescribing that no person under the age of eighteen should drive a taxi for hire was raised at the Magistrate’s Court yesterday morning, when Valentine Frederick Wyllie was charged with the breach of that bye-law.

Mr Barnard appeared for defendant and entered a plea of not guilty. Senio.r-Sjergt. Murray .prosecuted, and Mr W. A. Barton, S.M., occupied the bench. ■

Evidence was given by Constable Fischer, who said that lie liad interviewed defendant on the taxi stand in Peel Street, and had asked him liow old ho was. Defendant replied that he would be 18 next July, and admitted that he had plied for hire. "Witness had seen him on numerous occasions during the last six months driving for hire. To Mr Barnard: He was a- very caroLil driver and a steady young fellow. He had a good reputation and observed all the rules of the road and was a capable driver. . * Mr Burnard submitted that the byelaw was unreasonable and that no authority was given by Parliament to enable borough councils to legislate at what age a man should drive. It was expressly provided in the Municipal Corporations Act that no bye-law should be a contravention of the law of the land.

Mr Barton: Then you say they might issue a license to'some child.

Mr'Burnard.: No. There is a proper provision that before a man is allowed to drive for hire, lie is given his license by a person who is supposed to be competent to judge whether the applicant was a capable driver or not. If the man proved capable what was the use of fixing the age at which the council considered that he was capable of driving a car. Mr Burnard referred to the numbers of young people who had been seen driving cars in town, at busy times, too, with competency..

Mr Barton : I have seen mere children driving. It is a danger to the public and should not be permitted. Mr Burnard replied that that might be met by some regulation of the borough council to test the driver before he was allowed to drive the car. He went on to say that in defendant there was an example of a person who was capable of doing a certain thing but was barred by a regulation of the council which stated at what age it considered the man should be capable of doing thei work. The evidence proved that defendant was a careful and capable driver. It might be that the council considered that a person would not have the necessary nerve and self-control to drive a car before the age of eighteen, but the evidence negatived the foundation upon which the borough council passed the bye-law.

Mr Barton : Do you say that the bye-law is ultra vires?

Mr Burnard: Yes. He pointed out that there was a shortage of men on the taxi stand and some of the drivel's were liable for military ■ service. He considered that it was more desirable to teach the youths of 16 or 17 some useful industry than to allow them to loaf about the streets. If tlie defendant were compelled to go off the stand the convenience of tlie public would be affected and the ear would probably be laid up and the capital invested in it would be made idle. He considered it ridiculous for the council to arbitrarily fix the age and did not think the bye-law could possibly be supported. The lad was a capable driver and had gained the necessary certificates issued by the borough council.

Mr Barton remarked that under the circumstances he did not see how the council could' have issued the certificates. He would look into the matter and see whether local authorities have power to make such a bye-law.