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12-seater as P.S.V. : User and Hirer Fined

12th October 1956
Page 49
Page 49, 12th October 1956 — 12-seater as P.S.V. : User and Hirer Fined
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Which of the following most accurately describes the problem?

AQUESTION whether a Utilecon I2-seater, used by a party of workers at the Austin Motor Co., Ltd., to travel to and from the factory, was a public service vehicle was lengthily debated before Bromsgrove magistrates last week.

Christmas Turner, 66 Lyttleton Avenue, Charford, the driver, was prosecuted for using the vehicle as an express carriage without the 'appropriate licences.

Eric AlphonS0 Pillon, Shrubbery House, Worcester Road, Bromsgrove, from whom the vehicle was hired, was accused of aiding and abetting. Both pleaded not guilty.

Mr. M. T. A. Matthews, for the Ministry of Transport, said that on the date of the alleged offences, June 28, there were 11 passengers and the charge to each was 9s. 2d. per five-day week. Money was collected each Friday night and handed to Turner. This constituted the payment of separate fares.

Licensing Authorities did not expect Turner to know all the relevant provisions of the law, as he was not an operator, whereas Pillon was managing director of a coach business. In an interview with the traffic examiner, Pillon suggested that an agreement which was signed by anyone hiring the Utilecon absolved him from liability respecting the use of tht vehicle, but Mr. Matthews contended that it was Pillon's responsibility to prevent the vehicle's being used in contravention of regulations.

Mr. C. R. Horton, for Turner, said that his client was not trying to flout the law. Turner was not carrying passengers for separate fares and therefore the vehicle was not an express carriage. It was jointly hired by Turner and his friends, who shared payment of the hiring charge. They were not fare-paying passengers in the ordinary sense, he argued.

Mr. S. G. Foster, for Pillon, said that Pilot.' did not know exactly what the vehicle was being used for and took all reasonable precautions to see that regulations were complied with.

The magistrates fined Turner £6 with £3 costs. and Pillon £10 with £3 costs.

"THE LITTLE RED BOOK"

nETA1LS of more than 2,000 com

pany and private road passenger transport operators, as well as of the 97 municipal undertakings, are contained in the enlarged 1956-57 edition of "The little Red Book," which has just been published.

A useful feature, which appears in this publication for the first time, is a county cross-reference of operators designed to help those who are looking for vehicles to hire. All the usual features are retained.

"The Little Red Rook" is published by Passenger Transport, Avenue Chambers, Vernon Place, London, W.C.1, at 8s. (8s. 6d, by post).

Tags

Organisations: Ministry of Transport
Locations: London

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