TRANSPORT CASES

Wanganui Chronicle, 1 July 1935, Page 8

TRANSPORT CASES

RESERVED DECISIONS GIVEN UI, A SbIFI C ATI ON SIG N S ( Per Tress Association ) NELbON, June 28. Reserved decisions in two transport cases were given to-day by Air. T. E. Mauusell, S.AI. In the first cast, where a private hire motor-car was used as a passenger scrv ice 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 the 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 was not so then the object of the Act in insuring against unlit vehicles being used as passenger service vehicles would be defeated. The other case concerned a heavy motor vehicle regulation and the material question of fact involved was whether a local authority had erected a classification sign so as to be clearly and readily visible for at least 50 yards. 'l’he magistrate found the presented visibility was not provided and on a matter of law determined that this was fatal to the prosecution. ’The information was dismissed.