TRIP TO WAIPORI

Otago Daily Times, Issue 27078, 12 May 1949, Page 2

TRIP TO WAIPORI

UNLICENSED BUS SERVICE ALLEGED ORGANISERS CHARGED As the result of an arrangement between a local firm and the owner of a bus for ” sports tours ” to Waipori, the Shag River and other places in Otago, T. L. Begg and Sons, Ltd., were charged in the Magistrate’s Court yesterday before Mr J. D. Willis. S.M., on four informations with having conducted an unlicensed passenger service. Thomas David Marshall, a bus proprietor, was charged, with having aided and abetted these offences.

After hearing evidence and by counsel, the magistrate reserved his decision in the first case against Begg and Sons, the other three charges being adjourned sine die. The four charges against Marshall were also adjourned sine die. Mr J. B. Deaker appeared for Begg and Sons, Mr C. S. Stevens for Marshall, and the prosecution was conducted by Inspector C. C. Davenport. In opening the case, Inspector Davenport said that it could be considered In the nature of a test as it was of considerable importance to the holders of licences in Dunedin. The defendant firm was in business as gunsmiths and retailers of sporting goods. They were not the holders of a transport licence, but the defendant Marshall was the holder of a licence for operating a contract vehicle. During the week prior to December 27, an advertisement appeared in the Dunedin papers setting out particulars of " Begg's Sports Tours, organised for the benefit of sportsmen, anglers, shooters, etc." The first trip was scheduled for December 27, this being to the Waipori dam. A list of other trips was also published in the advertisement. As a result of the advertisement. Chief Inspector Edwards, of the Transport Department, interviewed members of the firm who explained to him that they had hired Marshall's bus. The inspector told the defendants that if they carried out the trips the matter would be reported to his department. Popular Trip

The inspector said that on the morning of December 27 he went to the defendant's premises in Princes street and saw enough people there to " fill three buses.” He interviewed Mr T. L. Begg, who stated that the firm would welcome a test case. Marshall admitted that he had been hired by the firm for 2s 3d a vehicle mile, and that Mr T. L. Begg was in charge of the trip. It was admitted by the prosecution that the firm had carried on a passenger service for which it had no licence. Evidence was given by Chief Inspector J. C. Edwards that Begg frankly admitted that he had taken separate fares from the passengers. Marshall explained that the bus had been hired from him by Begg and that he had been paid a flat sum worked out on a basis of 2s 3d per vehicle mile for 27 passengers. Marshall was entitled to do that. Beggs, however, would have to have a licence to charge passengers in the way that had been done ‘ Marshall’s licence," witness added, ’’ cannot be stretched to include Beggs " To Mr Deaker, witness said that the wrong was done when Beggs had charged separate fares. Mr Deaker: What happens in the case of a football club or some other organisation requiring a bus to take them a journey?—Witness explained that a football club, for instance, would hire the vehicle as a whole. Supporters would not be allowed to be carried on the trip. Marshall hired the bus on a contract basis, but there was no reference to separate fares on his licence. Continuing his evidence, the inspector said that Marshall’s licence had recently been changed so that he could now go to Waipori and other places and charge separate fares. Seats could be booked through any recognised tourist agency. He stressed that the Transport Department did not wish to do anything to deprive the public from going to such places as Waipori! Inspector Davenport said that he saw the passengers enter the bus on the morning of December 27. They came from all parts of the city and did not appear to be known to each other. Case For Defence In his submission .to the court, Mr Deaker said that the defendant was not charged with carrying on the business of a passenger service, but with the carrying of passengers for hire. The actual offence was ” carrying ” and not arranging for their transport. Beggs had organised the trips in connection with their business, as shooters were anxious to get as far away as possible in pursuit of their, sport. Counsel submitted that the firm found itself in exactly the same position as the organisers of a Sunday school picnic or a football club. Mr Deaker said that the relevant statute was “horribly drawn,” but he contended that it could be assumed frojn a. reading of it that Marshall was entitled to enter into a contract for the whole journey, and that Beggs were also entitled to charge for the service they had provided. There was nothing in any statute requiring every person concerned in a passenger service to be licensed. In answer to a question by the magistrate, the inspector said he understood that when a football team was taken by bus from one place to another the fares were paid from the club’s funds. If there was an individual collection it would be an offence. The inspector pointed out that the defendant firm had operated for a profit. The question of profit did not enter into it in a football trip.