TAXI-CAB SERVICE.

Otago Daily Times, Issue 21144, 30 September 1930, Page 10

TAXI-CAB SERVICE.

.HASTINGS TO NAPIER. A PROSECUTION INSTITUTED. (Peb United Pbess Association.) NAPIER, September 20. A case brought by the Railways Department involving a Napier-Hastings taxi cab service which is run in competition with the railway buses was heard by Mr A, M. Mowlem, S.M., this morning when Malcolm M'lntosli Taylor was charged, that being the owner of a motor cab registered by the Napier Borough Council as a motor cab, he did, on August 5, ply for hire with such vehicle as a borough omnibus, such vehicle not being licensed so to ply. Mr H. B. Lusk stated that the prosecution had been brought because it was thought that unfair competition was being caused by the running of these cars, which were merely subject to taxi car taxes, and not to the heavier penalty imposed upon motor omnibuses. The service referred to was really a “ pirate ” service, whicli was causing heavy losses to the omnibus service on the route. Evidence would be brought to show that the service was being carried on in direct contravention to the borough by-laws. Alexander Miller Oliver, borough inspector of motor vehicles, stated that the license issued in respect to the defendant’s car was for a motor cab to carry four passengers. Other licenses were granted at the same time to other members of the service. Application had been made for permission to carry six passengers under a taxi license. This was refused, and subsequently application was made for taxi 'licenses, which were granted. At no time bad the borough approved of a -time-table for the service. Cross-examined, witness stated that these proceedings were lodged by the New- Zealand Government Railways Department, not by the council. This was an unusual proceeding. The defendant had run on a license granted during 1929, and the license had been renewed in May of this year. All the service cars leaving Napier daily for various parts of the country were licensed under the same licenses as the Napier-Hastings service. 1 Some of these were used for taxi work as well. The motor cab license was the only license issued over the whole of the Dominion, In answer to the magistrate, witness stated that the Napier-Hastings service was exceeding the provisions of the license by driving on a set route to a timetable at separate fares. For the defence, Mr Rogers suggested that the by-law dealing with the matter was invalid. He produced a judgment of Mr Justice Ostler in a case in which the question of licenses was involved. In this, his Honor stated that the bylaw governing omnibuses was unreasonable, and was not strictly enforced by the authorities. This fact alone was sufficient to show that the by-law was unreasonable. Mr Rogers submitted that the Napeir Borough Council, realising that it had no license to meet the exact' case, granted a certain license, and also a renewal of the license, at the time knowing full well the nature of the service being carried on at the time and in the future. No prosecutions had been instituted by the council, and he suggested that the action of that body had been reasonable in allowing the use of the license which most nearly applied. Mr Lusk contended that the present case was very different from the one quoted by counsel for the defence. His Honor’s decision was that it was not a fair thing that service cars should he forced to comply with omnibus rules. In this case there were motor cabs trading as omnibuses without that license. He contended that no one could suggest that these were service cars, which were cars used for long distance trips. His Worship reserved his decision.