CARRIERS' RIGHTS

New Zealand Herald, Volume LXXIV, Issue 22627, 15 January 1937, Page 11

CARRIERS' RIGHTS

LEGAL POINT RAISED COURT RESERVES DECISION [by telegraph—owx correspondent] TE KUITI, Thursday Whether a carried, being the holder of a goods transport licence, but whose vehicle is out of action, can hire another carrier to carry on his work, was discussed in the Te Kuiti Magistrate's Court to-day, when Verdun Alfred charged with operating a goods service to Te Kuiti from the Marokopa district, a route outsidv the terms of his transport licence. Mr. F. H. Levien, S.M., presided. The traffic inspector said that when he stopped -defendant's lorry on December 12 defendant produced a licenct ■ belonging to another carrier, Edwards, which covered the route. He said Edwards, who had. been working lon<hours, had asked him to do this work For defendant, Mr. E. Mackersev said that when Edwards' lorry brokr down the latter asked defendant t<> cart in some wool. To show that defendant was carting for him, Edwardsgave him his licence. In evidence defendant said he received £3 for. the trip, which was less than he would have received had he been operating on 'his own behalf. The wool was consigned in Edwards' name and had to catch the Auckland sale The magistrate said a practice of hiring lorries and drivers in this wav might easily lead tc. arrangements between carriers which would defeat the intentions of the legislation. Mr. Mackersev held that arrangements such as those between Edward? and defendant were possible so long as the number of vehicles on the road at the one time did not exceed the number of vehicles authorised in the licence.

In reserving his decision the magistrate said it appeared that Edwards and defendant had considered they were acting in a perfectly safe manner.