BUSES v. CARS

Waipukurau Press, Volume XXVIII, Issue 121, 17 May 1932, Page 2

BUSES v. CARS

Railway Department Succeeds “IN PUBLIC INTEREST” NO ROOM FOR TWO SERVICES The sitting of the Transport Appeal Board was continued at Napier yesterday before His Honour Mr Justice Frazer, and Mr L. Aiderton, The appeal by the Railways Department against the Nash cars being granted a license to run a passenger service between Napier and Hastings was continued. Counsel for the Nash Service .intimated that he did not propose to call further evidence in opposition to the appeal. Judgment Given In giving the board’s decision to uphold the appeal by the Railway Department, His Honour said that, the defendant was entitled under the Transport Act to an automatic license under section 28 to carry an omnibus service which had been in operation continuously since 1925. The Nash Service was not entitled to an automatic license and its claims for a license camo under section 26. Under that section several matters, said His Honour, had to be taken into consideration before a license could be granted. Tn considering the matter of public, interest it was necessary that it should not be confused with individual convenience.

The hoard agreed that the ear service was more speedy, more comfortable, and more convenient to passengers who wished to : oso a* little time as possible. The case for the Nash service seemed to depend upon unwitting confusion between public interest and individual convenience. Public interest had to be considered in a wider sense altogether. Firstly, it had to be decided whether there was room for both services and whether there was a living for the cars without imperilling the essentia 1 bus service. It had been admitted by rhe Nash Service that the buses wore no ccssary to carry the peak traffic. It had been given in evidence that the buses could not make it pay if they were subject to the intense competition of the Nash cars.

The licensing authorities had endeavoured to meet the position by restricting the Nash Service’s time-table and also by making it an express run. In doing so it had placed the department in a worse position, in that it had to cater largely for intermediate traffic. This tended to increase the ’buses’ time on the road and through traffic became drawn to the express service. Instead of safeguarding the ’buses the authority appeared to have made their position worse..

It was impossible to suggest that in the public interest a luxury service should be permitted to compete with an official service, and so imperil its economic position so as to render continuation of its service unlikely.

Reviewing its financial position, it. was glaringly obvious that the Nash service could not carry on. The cars were nearly worn out, and no depreciation fund had been set aside for renewal. The number of passengers that the ears had been restricted to carry would make the service unpayable. Apart from the Act the Public Works had imposed certain other restrictions which also made it impossible for the Nash to carry on. The board realised that a number of people found it a great convenience to travel by the Nash, and they did not blame them for it. The hoard’s duty was to consider the public interest. The Act was intended to do away with uneconomic competition. The appeal of the Department was then allowed, and the .cross-appeal was withdrawn.