Heavy Traffic Licenses

Northland Age, Volume 27, Issue 39, 19 October 1927, Page 7

Heavy Traffic Licenses

Can Fees Be Collected. There Is A Doubt. Most Anomalous Position. Deputation From Ratepayers. The question whether the Mangonui County Council has power to collect heavy traffic license lees was discussed at some length bv the Council on Friday last consequent upon a deputation from the Ratepayers Association, consisting of Messrs H B Matthews and G Wilkinson bringing this and other matters under the notice of the Council. As will be seen from the remarks made by the Chairman, Mr A H L ng, and by Messrs Houston, Berghan, Vickers, Barriball, Wratha.l ai d Kitchen, that there is a grave doubt whether the payment of tees can be enforced. Mr Matthews, President of the Ratepayers Association, dealing with the question said from the talk in the street there was much concern amongst interested people over this question of the collection of heavy traffic license fees, “li appears,” continued Mr Matthews “thatthere is a great amount of uncertainty as to the manner in which the Council is going on about the collection. Statements have been made that it s not necessary to pay these l'uen-a .e s and those v.'lro as*

cr.be to tnis view regard as foolish tho-.; individuals who ply for hire and pay the fees. That is help! . nr ither to the Council nor to rhe raiepayers. This matter v. as brought up at the ratepayers’ meeting iast week and the ratepayers expect you to clear up the position and place it on a business footing. We felt that it was only necessary to bring it under your notice to have the wishes of the ratepayers fully carried out.” Mr. George Wilkinson, supporting Mr. Matthews said: “It is the duty of the Council to enforce the heavy traffic by laws so as not to inflict a heavy penally upon those who do take out licenses. It is reported that there ate many vehicles plying for hire in respect of which no license fees are paid. I think it is the duty of the Council to say whether they have the power to en force the payment of these fees or otherwise. In fairness to those who do pay the Council in my opinion should do this. The people will then know just where they stand if this is done. The Chairman (Mr. A. H. Long): This is a very difficult problem and the county Council is linding it more difficult than any problem they have to deal with. There seems to be no definite G vernment legislation which gives power to enforce the payment of these fees. The countries have had conference after conference and up to the present we have accomplished nothing which will stand up against the ruling of a Magistrate. This matter was discussed at the last meeting and we requested our solicitors to give us the Dest opin.on we could get to enable us to proceed with the collection of these license fees. There is an anomaly .and it becomes an obstacle which obstructs us, and some of those who ply for hire are getting ahead of us and are actually defying us. We have tested .1 cut before and we have lost. W e are going to make a test case to define our position. It .s a peculiar situation but we are thoroughly alert to it. Mr. Matthews: I take it that if tl is found tuat the Council is not in a position to enforce collection, that those who have taken out licenses will have their money rctunded. The Chairman: I won’t say that. The Council does not rtf u rdpiioney. If people have paid they evidently thought they were entitled to pay, or they would not have paid it. Morally they are entitled to pay and we say legally they are entitled to pay. Mr Houston: They paid, but paid under protest. I can name several who protested. I asked foi a return to be laid on the table showing the number of licenses taken out for plying for hire ip

this countv. The Chairman: When that request was made was it not to be colateral with obtaining the solicitors opinion. The Clerk: The books are in the hands of the court and will not be available until after the court has sat at the end of this month. Mr Wilkinson: Does the Government frame these- by-laws ? The Chairman: We frame them. Mr Wilkinson: Would it not be better for the Government to frame them. The Chairman: An excellent idea. The conference at Whangraei passed such a resolution? We agreed to back one another up on a pro rata basis, if w# could get a uniform regulation. We are in a .quandry. We don’t know where we are. We have a letter here to-day from Messrs Logan & Reynolds with regard to two cases and they want to be informed if the vehicles are motor lorries or trucks. If they do not carry more than nine passengers and if the weight does not exceed two tons then our solicitors do not think the Council is entitled to charge a license fee. You will see the anomaly. A man can carry nine passengers and so long as his' vehicle is not over two tons wc can’t compel him to take out a license. Mr Matthews: If the Council is not in a position to collect: these license fees then they should refund the money to those who have paid. The Chairman : The position is that we never pay up until they make us pay.

Mr. Wilkinson : We cant get away from the fact that the car is somewhat responsible for this position. There are men making more money out of their cars than the poor unfortunate cockie who has to work from daylight till dark. There is a question of imposing a petrol tax or an increased tyre tax. It is suggested that a bill to this effect go before Parliament. Until this is done you will be in a hole till the end of time. -.Mr. Wrathall referred to tha method of collection of certain licenses in the second half of a year. “How is this done,” he asked, “and under what circumstances can this be done. We have the legal opinion given us by our solicitors who assisted us in the framing of our by laws. Year after year we have framed by laws and not one has stood the test.”

Mr Houston : Mr. Horsford has asked for a refund and if he does not get it he savs he will take proceedings to force the Council to give him a refund. It is better to find out our position and come to a settlement with him. He has paid his license fee and he has to pay an insurance premium of £23 a year and the next man to him wont pay a license fee and he has no insurance risk and so he can afford to work for less than Horsford. Mr Berghan : Horsford has a genuine grievance.

Mr Barriball: I know of one or two others who have taken out licenses. They are of the same opinion as Horsford and they are threatening to sue the Council for a refund unless something is done. We go through by-laws; we have our solicitors to go through them and have them gazetted and when they are done they are no good to us. There is something funny somewhere. Why is there not something definite so that we may know where we are. The solicitors should know the legal procedure and they should be able to tel! us where the by-laws come in. The clerk : These by-laws were made before the Motor regulations came into operation. The Council proposed amending the by-laws two years ago. A conference was proposed at OhaeaWui to put the by-laws on a general footing, but never eventuated. Mr Barriball: It is absolutely unfair tor one man to take out a license to taxi and for others who ply for hire to do nothing. Mr Kitchen : It is absolutely unfair having people on our roads who are not ratepayers. The Chairman; The Highways

Boards are taxing tyers and we get something back. Mr Kitchen : We don’t get sufficient back. The Chairman : We will have to keep the spurs into our solicitors until we get finalty in the matter. Mr Berghan: We should take action with regard to those cases we were discussing last month. One man running in opposition to Horsford. » Mr Wrathall: We want to get something. Mr Berghan : Make a test case. Mr Kitchen: I am losing taith in our solicitors. Mr Berghan : Those people who are taxi-ing should be compelled to take out a license. It was decided to bring a test case and Messrs Berghan and Houston were deputed to give particulars to the County solicitors with a view to this action.