COMMUNITY BUSES.

New Zealand Herald, Volume LXIV, Issue 19676, 30 June 1927, Page 10

COMMUNITY BUSES.

"ATTEMPT TO EVADE ACT." DECISION OF MAGISTRATE. IMPOSITION OF FINES. SEVERAL MORE PROSECUTIONS. "Looked at as a matter of sense this seems to be obviously an attempt to evade the provisions of the Act." said Mr. E. C, Cuttcn, S.M., in giving judgment in the Police Court yesterday in two prosecutions against community bus services at Mount Eden and Birkenhead. In all 14 persons connected with the Mount Eden and Birkenhead Social and Transit Clubs were prosecuted by the City Council, but at the hearing it was agreed to treat the cases of William E. Parkinson, of the Mount Eden service, and George W. Sutcliffe, of tlie Birkenhead service, as typical of the whole. Mr. Johnstone appeared for the City Council, Mr. Hall-Skelton for Parkinson, and Mr. Sullivan for Sutcliffe. Sutcliffe and Parkinson were each charged with carrying on a motor-omni-bus service without a licence as required by section 5 of the Motor-Omnibus Traffic Act, 1926. "Voluntary Contributions." In delivering judgment tile magistrate outlined the community bus system by which passengers, instead of paying stipulated fares, placed money in a box marked. "Voluntary Contributions for the Social Club." it was admitted the working expenses were paid out of the monevs so collected, and that the defendants had not obtained licences to carry on these services under the MotorOmnibus Traffic Act, 1926, but the vehicles were licensed under the provisions of the Motor Vehicles Act, 1924. Persons travelling on a bus were able to get change from the driver, and, in fact, usually put in the box sums more or less corresponding to the ordinary tram fare or bus fare for the journey travelled.

The question for decision was whether the defendants were carrying on a motoromnibus service within the meaning of section 5 of the Act. "Motor Omnibus Service" was defined by section 2 of the Act as "the carriage by motor omnibus of passengers for hire at fares, however computed, not exceeding for eacli person fhe sum of 2s for any journey counted one way only." It was submitted on behalf of the complainant that these voluntary contributions constituted passage money and therefore were fares, and that this invitation to make contributions instead of requiring the payment of definite fares was merely an endeavour to evade the provisions of the Act. Nature of the Service. The defendants, on the other hand, drew attention to the definition of "motor omnibus service," which was defined as meaning "the carriage by motor omnibus of passengers for hire at fares," and they contended it could not be said that these passengers were carried for hire "at fares." The defendants further said they were not carrying on the services with unlicensed vehicles because they had licensed their vehicles as motor coaches under the provisions of the Motor Vehicles Act, 1924. The defendants claimed that by their method they were complying with the requirements of the Motor Vehicles Act, 1924. "I think there can be little doubt," said the magistrate, "that the defendants are in fact carrying on a service of the kind which the Act was intended to regulate and control. Looked at as a matter of common sense this seems to be obviously an attempt to evade the provisions of the Act. The defendants run tlie necessary service to carry passengers, and instead of fixing the fares for the various distances travelled they ask the persons who travel to make voluntary contributions, trusting that for the most part they will pay the ordinary fares."

Defendants were, convicted and a line of £5 Is was imposed in each case. At the request of Mr. Skelton the magistrate fixed security for appeal -at £lO 10s. It was decided to hear the other cases to-morrow afternoon.

BUSINESS AS USUAL. APPEAL BEING AWAITED. Pending an appeal against the magistrate's decision that diey are illegal, community buses will continue to run in Auckland, according to those in charge of the services. Mr. W. T. Martin, traffic manager for the Mount Eden Suburban Transit and Social Club, stated the club's buses on the Mount Eden, Dominion Road and Onehunga routes would run as usual. Mr. Harold Schmidt, who is not now associated with the Mount Eden Club, but is concerned with the General Transit and Soci.il Club, operating services on the Parnell Park and Point Chevalier routes, said none of his club's drivers had been prosecuted, as all were duly licensed, and the club had no reason for discontinuing. The limousine cars run on the Dominion Road and Mount Eden routes were outside the scope of the Motor Omnibus Traffic Act. A meeting convened by the Mount Eden Chili at noon yesterday expressed indignation at the attack being made by the Auckland City Council upon the community bus system, and resolved to organise a petition to Parliament and to ask suburban local bodies for support. Tt was decided to hold open-air meetings at tho Dominion Road tram terminus and the civic centre. The dispute over the Mount Eden and Dominion Road services culminated on Tuesday evening at a stormy meeting of members of the Mount Eden Transit and Social Club, held at tho house of Mr. Schmidt. According to a report supplied by the committee, a number of those who took part criticised Mr. Schmidt's action in starting a motor-car service, which, they declared, was unnecessary and not in the interests of community (ransport. The meeting eventually adjourned to the road outside the house. The action of the committee in declaring Mr. Schmidt, to lie no longer president, and in changing the name of the organisation to "the Mount Eden Suburban Transit. and Social Club" was confirmed.