Bad Set Back for Community Cars

Sun (Auckland), Volume I, Issue 143, 7 September 1927, Page 9

Bad Set Back for Community Cars

MAGISTRATE’S DECISION PLYING AS OMNIBUSES The community car system received a setback by the decision given to-day by Mr. E. C. Cutten, S.M., that the by-law requiring such cars to seek registration as omnibuses is not unreasonable. Owing to structural deficiencies, however, they cannot be registered as omnibuses. The case was brought on August 26 against Harold D’Arcy Rotter, owner of community cars plying to Dominion Road, and Raymond Harding, and Robert Ryan, drivers of his cars. Mr. F. W. Schramm, for the defence, argued that the by-law was unreasonable in that it effectually prevented motor-cars from obtaining licences to ply for hire at separate fares. “It is not the court’s business in any way to interfere with the reasonable exercise of the discretion of an authority having the right to make bylaws,” said Mr. Cutten, in his judgment. “If a by-law is one that a body of men could reasonably come to the conclusion is necessary to carry out the purposes of the Act under which it is made, it is not for the court to disagree with their decision and the by-law must be upheld. “The defendant bases his defence on the ground that: the by-law is unreasonable in that its effect is to prohibit; motor-cars used as taxis from carrying passengers at separate fares. The passenger hires a taxi for his journey, and if the driver of a taxi had the right to pick up other passengers it would be an invasion of the hirer’s rights. The driver should not have the right after accepting a hiring from one passenger to pick up other passengers whether the first is willing or not.” Mr. Cutten convicted the defendants and fined them each £6 and costs.