Important Changes In Transport Laws Proposed

Northern Advocate, 16 July 1948, Page 5

Important Changes In Transport Laws Proposed

WELLINGTON, Fri. (P.A.).—A Transport Coordination Council, a Charges Committee to fix road transport and harbour fetry charges, and an Appeal Authority are to be set up under the Transport Law Amendment Bill which was read the first time in the House of Representatives yesterday. The 53-clause bill will be sent to a special committee of the House after its second reading.

Members of the Transport Coordination Council will be: The Commissioner of Transport, as chairman, the General Manager of Railways, the Air Secretary, the Commissioner of Police, the chairman of directors of the National Airways Corporation and one representative each from the New Zealand Shipowners’ Federation, local authorities and public bodies who are owners of transport serivces, other owners of transport services, the Amalgamated Society of Railway Servants, the Engine Drivers, Firemen and Cleaners’ Association, the Railway Tradesmen’s Association and the Railway Officers’ Institute, the Seamen’s Union, the Cooks and Stewards' Union, the Merchant Service Guild and Institute of Marine and Power Engineers, the Tramways Union, the Road Transport Association, and persons represented in the air transport industry. Apart from the six departmental officers, all other members are appointed by the Minister. The reports and recommendations of the council are to be laid before Parliament. COUNCIL’S FUNCTIONS

(3) The desirability of providing special fares for all regular users and of providing that children under four should be carried free, and between four and 15 at half-adult rates.

(4) The desirability of maintaining a reasonable standard of living and satisfactory working conditions in the road transport and harbour ferry industries.

(5) The maintenance of trie efficiency of the transport services to which the proceedings relate. A maximum penalty of £lO is provided for failure to adhere to the authorised charge. Any charge fixed becomes a condition of the operator’s licence. An exception to the general rule is provided for temporary services which are of an urgent nature, and these charges are to be fixed by licensing authorities. IMPROVEMENT IN SERVICES

Among' the provisions of the bill is a clause bringing passenger and goods rental vehicles under the provisions of the Transport Licensing Act. Ancillary goods services are exempted. Privately-owned trucks used for the cartage of the owner’s goods will be brought under the same system of periodical inspection as to roadworthiness and mechanical fitness as applies to trucks operated by licensed carriers.

The council's functions arc to inquire into and report upon such matters as may be referred to it by the Minister, and to institute of its own motion inquiries into any matter affecting public transport. The council is deemed to be a commission.

The bill also sets up a Transport Charges Committee consisting of a chairman, one representative of the owners of transport services and one representative of the users. The chairman and members are to be appointed by the Minister. All applications relating to passenger or freight charges on motor transport or harbour ferries will be considered by this committee. Any dissatisfied party will have the right of appeal to a Transport Charges Appeal Authority, which will then hold a public hearing and issue a new decision against which there is no further right of appeal. The committee’s decision is not subject to review by any court. The functions of the committee are to fix, review or alter road transport and harbour ferry charges. APPEAL AUTHORITY The Transport Charges Appeal Authority will consist of a Judge of the Supreme Court or the holder of any office under any act who is entitled to the same rights and subject to the same provisions as a Supreme Court Judge. Sittings of the authority are to be held in public unless this is not in the interests of the parties. Apart from dealing with appeals from the decisions of the Transport Charges Committee, the authority may issue general directions to the committee to be observed when the committee is dealing with cases ,and may also require the committee to proceed to fix or review charges. In general, the procedure and rule of the authority will follow those of a court. Decisions of the authority are not subject to review by any court. The following may apply for a fixation or review of charges:— A licence-holder or applicant, the Commissioner of Transport, any other licensee or applicant affected, the head of a department, a local authority, a public body, 25 or more adult residents in the locality affected, and a party to a contract or proposed contract for the carriage of passengers or goods. FIXING OF FARES The principles to be observed by the committee and the appeal authority in the fixing of charges are:—(1) The promotion and maintenance of the economic stability of New Zealand. (2) The desirability of increasing national production by granting concessions on the carriage of producers’ goods.

This provision does not include trucks owned by the Government, local authorities arid farmers, excluding market gardeners. Power is given to licensing authorities to prescribe conditions for improvements in taxi services, including power to require them to be rostered and .to require taxi operators to become members of taxi organisations. Licensing authorities may require operators of bus services to provide shelters for passengers and may also require operators of public passenger services to effect improvements in the services. Routes may be amended or extended and timetables increased in frequency. DRUNKEN DRIVERS The maximum penalty for driving a vehicle while disqualified from holding a driver’s licence is increased from £SO to £IOO, plus power for the court to increase the period of suspension up to a further 12 months. The Minister of Transport (Mr Hackett) said that this was aimed primarily against drunken drivers. The bill also provides that a person disqualified from driving may not drive even when alongside a licensed driver. A driver involved in an accident causing injury is required to report the accident in person to a police constable or police station as soon as reasonably practicable, and at the most within 24 hours unless physically incapacitated. Another clause reduces the penalty in the case of a hit-and-run driver where no injury is caused. The present law, under the Motor Vehicles Amendment Act, 1936, provides a maximum fine of £509, or imprisonment for five yeai’s, for every hit-and-run driver. The amending bill maintains this penalty where a person is injured, whether or not this is known to the driver at the time of the accident, but reduces the maximum penalty to one of £IOO or three months’ imprisonment where no other person is injured in a hit-and-run accident.