LICENSING OF BUSES.

Otago Daily Times, Issue 19952, 20 November 1926, Page 19

LICENSING OF BUSES.

SERVICE IN TWO DISTRICTS.

the right of control.

{Pee Unite i Peess Association.) AUCKLAND, November 19. The question of licenses for motor buses nlving from one licensing district to another forms the subject of an important iudffuient delivered by Mr w • R* MKean, SSI The Takapuna Borough Council, as the No. 2 icensing authority, prosecuted A. H. Smith for running without a license a bus service between Devonport, wmc-. is in the No. 1 district, and Takapuna. The defendant applied to 4 the No. 1 licensing authority for license, but the application has not yet been dealt with. The Magistrate remarked that, as defendant was still carrying on the service and had not obtained a license irom any licensing authority, he had committed, technically, at any rate, a breach of the provision of the Act. However, it ■would be wrong to penalise him while the application was still pending. The real question at issue was whether it was necessary for the defendant to apply to the licensing authority for each district for a license for his omnibus service. To give eflect to this contention certain alterations to the Act would be necessary. "It may be that ; t was the intention of the Legislature to give to each licensing authority the right t... control all omnibus services operating in its district,” said the Magistrate. “If that intention has not been xpressed i clear and unambiguous language it cannot be given effect to by a consideration of the policy of the Act. I think the language of the Act is not sufficiently clear to enable me to say that the Legislature intended that two licenses should be necessary for any one service.' After dealing with the question oi the insurance oolicy which was required to be deposited with the licensing authority, the Magistrate said: “It seems to me the idea of dual control is one that did not occur to the Legislature. The constitution of Takapuna as a separate district forming an island in the midst of a wide district may have been an after thought, and certainly created a position tor which the provisions necessary, if any sort or dual control had been intended, have been made. In the circumstances I think this charge should be dismissed. As the matter is one of difficulty, and is regarded as of some importance, I have discussed it With my fellow-magistrates, and they agree with me.”