Alleged Refusal To Accept Hire

Northern Advocate, 19 October 1949, Page 5

Alleged Refusal To Accept Hire

AUCKLAND, Wed. (P.A.).—An appeal against the dismissal of an information alleging that a taxi-driver refused to accept hire was allowed by Mr Justice Smith in a judgment given in Auckland today.

He ruled that the case be returned to the Magistrate’s Court with the direction that a conviction be entered. When the case was heard in the Magistrate’s Court Mrs J. TI. Luxford, S.M., considered that the taxi-driver, Alexander George Parsons, was entitled under the circumstances to refuse a fare.

Evidence .was that a male passenger arrived by express at Auckland railway station and told Parsons: “I want you to drive three of us to the city.” Replying, Parsons said: "I won’t accept any engagement until the other passengers and your luggage arrive.” S.M.’S RULING Parsons accepted another fare. Mr Luxford held that under the regulations a taxi-driver is not required to accept hiring before he sees the persons to be carried as passengers, and any luggage accompanying them. Mr Justice Smith ruled that additional passengers need not be actually present at the time the car is hired by a person, provided the original hirer fulfils the conditions concerning sobriety, cleanliness and orderliness. The driver must accept a hire. He may refuse to carry additional passengers if he finds they do not fulfil the same conditions. The original information was laid by the city council traffic department.