MOTOR APPEAL

New Zealand Herald, Volume LXX, Issue 21561, 4 August 1933, Page 11

MOTOR APPEAL

RECENT JUDGMENT BOARD'S RULING CONTESTED COMPANY TAKES ACTION* WANGANUI AND NEW PLYMOUTH A sequel to the recent delivery of a judgment by the Transport Appeal Board occurred yesterday when copies of a notice of motion for writs of certiorari, prohibition and mandamus were served on members of the bonrd, which is now Auckland. Tho serving of the notice follows an application made by Mr. P. L. Dickson, of Wanganui, counsel for Hodson's Pioneer Motor Service, Limited, asking that a writ be issued for the purpose of quashing the recent decision delivered by the Transport Apipcal Board concerning the company's motor service. On May 12 the No. 5 Transport Licensing Authority granted Hodson's Pioneer Motor Service a licence to operate a passenger servico between Wanganui and New Plymouth. Against this decision tho Railways Board appealed, the specific relief asked for being that the number of trips to be run by the service on week days should be reduced.

For the respondent company Mr. Dickson contended that a renewal of a licence merely extended tho term of the original licence, and that no appeal could lie in respect of any of the terms and conditions.- of a renewed licence unless the terms and conditions of the original licence had been amended in accordance with the provisions of section 34 of the Transport Licensing Act. ,0 •' jfj In its judgment tho board held that the intention of the Act was to treat an application for a renewal of a licence as an application for a new licence, and to give public bodies and competitors the right, on every application for a renewal, to bo heard in respect of any amendments in the terms and conditions subject to which the service is operated. The Railways Board therefore had the right of appeal. A majority of the board was of opinion that the four trips objected to by the Railways Board should bo deleted from respondent's time-table, and that the times of three other trips should be altered. The appeal was allowed to that extent, with costs. In a dissenting opinion a member of the board, Mr. L. Alderton, expressed tho opinion that the respondent company's service was entitled to at least three road trips daily each way between Wanganui and New Plymouth, instead of only two.