TRANSPORT CASES

Otago Daily Times, Issue 22610, 29 June 1935, Page 11

TRANSPORT CASES

RESERVED DECISIONS (Per United Press association) NELSON, June 28. Reserved decisions in two transport cases were given to-day by Mr T. S. Maunsell, S.M. In the first case, where the private hire motor car was used as a passenger service vehicle before a certificate of fitness had been issued and was in force, the magistrate said it was contended that a private hire motor car was not a passenger service vehicle as it came within the exemption set out in the definition. The test was not whether the vehicle was usually available for hire to any membiir of the public on terms which did not require expressly or impliedly the payment of separate fares by each passenger, but whether it was so available on the particular occasion in question. If it were, then on that particular occasion it was a passenger service vehicle and required a certificate of fitness. If it were uot so, then the object of the Act in insuring against unfit vehicles being used as passenger service vehicles would be defeated. The other case concerned the heavy motor vehicle regulation and the material question of fact involved was whether the local authority had erected a classification sign so as to be clearly and reac'ily visible for at least 50 yards. The magistrate found that the presented visibility was not provided and on a matter of law determined that this was fatal to the prosecution. The information was dismissed.