TRANSPORT DECISIONS.

Star (Christchurch), Volume LXVI, Issue 20653, 29 June 1935, Page 9

TRANSPORT DECISIONS.

Ter Press Association. NELSON, June 28. Reserved decisions in two transport cases were given to-day by Mr T. E. Maunsell, S.M. In the first case, where a 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 is contended that a private hire motor-car was not a passenger service vehicle, as it comes .within the exemption set out in the definition. The test is not whether a vehicle is usually available for hire to any member of the public on terms which do not require expressly or impliedly payment of separate fares by each passenger, but whether it was so available on the particular occasion in question. If it was, then on that particular occasion it was a passenger service vehicle and required a certificate of fitness. If it were not 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 readily visible for at least fifty yards. Thfc Magistrate found that the requisite visibility was not provided and on a matter of law determined that this was fatal to the prosecution. The information was dismissed.