PASSENGER TRANSPORT
Page 54
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HE provisions of the Act of direct interest to passenger I transport operators are contained in three Sections and one long schedule which may be conveniently sub-divided into two main categories.
(A) Reclassification and DefinitiOns Repealed
--rHE whole of the existing classification and definitions I of passenger transport contained in Sections 61 and 121 of the Road Traffic Act, 1930, are repealed and replaced by what is intended to-be—and indeed apparently succeeds in being—a clearer and simplified provision,
A "public service vehicle" is defined in Section 39 as being a motor vehicle (not including a tramcar or trolley vehicle) used for carrying passengers for hire or reward which is either carrying passengers at separate fares, or if not doing so, is adapted to carry eight or more passengers.
Within the definition of "public service vehicle" there comes the division into stage carriages—"carrying passengers at separate fares, not being an express carriage "; express carriages—" carrying passengers at separate fares none of which is less than one shilling"; and contract carriages— "not carrying passengers at separate farts."
The method. of determining whether a separate fare is to be counted as being not less than one shilling is virtually reproduced from Section 61 (1) of the 1930 Act, with the possibly significant change that whereas that Section provided that no account was to be taken in making such calculations of children's or workmen's or students' fares, the new provision is a good deal wider, and refers to "any fare which is charged in the case of passengers of particular descriptions."
This clearly opens the door to lower-rate fares for classes other than children, workmen and students, and it is difficult to see where the line could be drawn.
It should be noted that the Minister has power. by regulations under the Act of 1930 to raise the limit of one shilling to such sum as he thinks fit.
Conditions Affecting Classification
WITHIN those broad lines of classification of public service vehicles, the Sixth Schedule to the Act sets out in great detail with little change in the law the conditions which must be fulfilled, either to take vehicles entirely
B20 outside the category of public service vehicles, or to make them contract carriages rather than express or stage carriages.
Thus, if a .vehicle is being used in conformity with the whole of the provisions of any one part of the Schedule, it is not a public service vehicle unless it is adapted to carry eight or more passengers, but even if it is a public service vehicle carrying passengers .at separate fares, it is to be treated as a contract carriage provided that its use conforms with the requirements of the provisions of either Part 3 or Part 4 of the Schedule.
Special Occasions
I T thus becomes of primary importance to examine the requirements of the Schedule in some detail. The first condition which may be fulfilled constitutes Part 1 of the Schedule. It is that the journey must be made on the occasion of a race meeting, public gathering or other like "special occasion."
These words are new, but the -provision does no more than give statutory recognition to the law laid down in such cases as Victoria Motors (Scarborough), Ltd., v. WurzaI (1951) and Wurzalv. Dowker (1953), and makes it quite clear that the occasion must be special to the locality to which the journey is made and not merely special to the members of the party. It is also clear that the words other like special occasion" must be construed " ejusdem generis" with race meetings or other public gatherings, so that, e.g., a big private function would seemnot to qualify.
Vehicles Carrying Four Passengers
THE second condition which may be fulfilled is contained in Part H of the Schedule, and really consists of several sub-conditions relating only to journeys by vehicles carrying four OT fewer passengers.; each of these sub-conditions must be met for the whole to he likewise fulfilled.
These are: (1) a maximum of four passengers; (2) the arrangements must not have been initiated by the driver or the owner of the vehicle or by anyone who has let it out under a hiring or hire-purchase agreement, or by anyone who receives any remuneration in respect of the arrangements for the journey, except that it is permissible for a