FREE BUS TO THEATRE

Wanganui Chronicle, Volume 79, Issue 29, 4 February 1935, Page 6

FREE BUS TO THEATRE

KAITAIA PROSECUTION NO AUTHORITY FOR SERVICE KAITAIA, Jan 19. The running of a "free” bus from an outlying settlement to the Princess Theatre, Kaitaia, on Saturday nights was held by Air. G. N. Morris, S.M., at a sitting of the Kaitaia Alagistrate’s Court yesterday to be a definite service without the authority of a passenger ser\ ice licence. Air. Peace appeared on behalf of the prosecuting authority, the Mangonui County Council, and Air. Kelly represented defendant, J. Gar-' diner, of Awanui. No evidence was called for the prosecution, as the onus was held to be on the defendant to establish his right. Air. Kelly said that Gardiner was the operator of a "contract” passenger vehicle, and could operate his buj on specific occasions for the carriage of passengers. In this case he was paid 15s a trip by the proprietors of tlhe theatre to run to Waimanoni, a settlement be tween Awanui and Waipapakauri, pick up passengers there and coavey them to Kaitaia, about six miles away. This was done every Saturday evening, and it Could be classed as a private party. Although tickets for the pictures were issued by the bus-driver, Mr. Kelly added, there was no compulsion on the passengers to purchase such (tickets. Air. Alonis held that although a “ contract” vehicle could a party on a particular occasion, this -could not be classed as such since anyone could ride in the vehicle to the pictures. In addition, the fact that the bus was run every Saturday night constituted it * regular service. There was no checkon the tickets to ensure that everyone travelling went to the pictures, nor was there any check on the return journey, as the tickets were collected at the theatre. A fine of £1 with costs was imposed. The vehicle is now to run under a temporary licence from the No. 1 Transport Board pending the bearing of an application for a licence for the