Taxi Company Fails In Transport Appeal

Northern Advocate, 13 October 1949, Page 6

Taxi Company Fails In Transport Appeal

AN appeal by Northland Cabs, Ltd., against a decision of the No. 1 Transport Licensing Authority (Mr E. J. Phelan) has been dismissed by the Transport Appeal Authority (Judge Archer). The Licensing Authority granted a contract licence to A. J. Wilkinson, of Whangarei, last April and it was against this decision that the taxi company appealed.

QlUil X- X In his judgment. Judge Archer said the company, appealing on behalf of the taxi proprietors of Whangarei, sought a restriction upon a new contract passenger service granted to Wilkinson so as to exclude his use of a seven-seater station wagon or of any other vehicle carrying less than 10 pas-

| It had been stated on behalf of the ' respondent, and it appeared to have been the view of the Licensing Authority that it was usual to restrict the size of vehicles to be used under : a conract licence and Wilkinson claim- ; ed that it would be unfair discrimination to limit his use of his station ! wagon.

s angers. NO EVIDENCE. , The appeal was oased on tfle assumption that the use of the vehicle would injure the business of taxi proprietors. who claimed to have provided for small parties in the past. Little had been said at the hearing and no evidence called on behalf of the taxi proprietors in opposition .to the application for a contract licence. Counsel had stated that he war opnosing the application on behalf of Star Taxis on the ground that a seven-seater vehicle came into direct competition with the taxis No evidence had been called, however, and little had been done except a request that the objection should be corded while the present appellant company did not appear to have been represented at the hearing.

TWO TAXIS NEEDED. "There may be something to be said in principle for the claims of taxi proprietors that the use of a seven-seat-er vehicle for contract purposes is projudicial to their interests,” the Appeal A V^° r ll y ad ? ed, u - , "On the other hand it is clear that, if seven persons desire to make up a party, they would have to mre two taxis if a seven-seater contract vehicle is not available, “The No. 1 Authority was of the opmion that the licence granted to Wilkinson should not be restricted in the manner sought by the appellants and, in view of the limited opposition raised at the hearing and the complete lack of evidence to support that opposition I am not prepared to hold that the authoritys decision was wrong Therefore the appeal was dismissed.