BUSES ON RACE DAYS.

New Zealand Herald, Volume LXVI, Issue 20229, 13 April 1929, Page 13

BUSES ON RACE DAYS.

devonport prosecution. COURT DISMISSES CHARGE. NOT A REGULAR SERVICE. Tho rights of motor-licensing authorities over casual omnibus services were involved in a reserved judgment given by Mr. E. C. Cultcn, S.M., in tho Magistrate's Court, in tho case in which the Devonport Borough Council, as No. 2 Licensing Authority (Mr. Prcndcrgast), proceeded against Henry Johnston (Mr. Northcroft), for carrying on a service without a licence. Holding that the term "service" in the Motor Omnibus Act, 1926, implied regularity, tho magistrate dismissed the information, which related to trips mado during tho holding of tho Takapuna races on November 30. Defendant, admittedly without a licence from No. 2 Licensing Authority, which controls tho Devonport district, used a niotor vehicle to make trips from the Devonport Wharf to the racecourse, carrying passengers at a fare of Is a head. Ihe question was whether in doing this defendant was carrying on a motor-omni-bus service in contravention of section j. Tho magistrate said ho did not think that what tho defendant did could be said to be carrying on a service. The term "service"- as used in the Act seemed to implv somo regularity and continuity. The "defendant had no time-table, and it was a special occasion, when owing to (lie Takapuna races there were large numbers of people to l>e carried from the wharf to tho racccomso. Ib was true that there were other services licensed to carry passengers on a route which passed (lie racecourse, but what the defendant was doing would not interfere with them, because tho faro charged by the licensed services for the distance from tho wharf to tho racecourse would bo much less than tho defendant's charges and they could not possibly carry this traffic in their licensed buses. "Even admitting that there are three or four race meetings or similar meetings during tho year, and that tho defendant mado a practice of carrying passengers on each occasion, he would not in my opinion be carrying on a service within the meaning of the Act," tho magistrate added. "On the other hand, if tho defendant mado a practice, or even on one occasion joined with others who made a practice, of running in direct opposition to an existing service at week-ends or on other occasions on which there was an increased volume of traffic, I think that would be <i breach of tho Act. -