The Legality of the Minister of Transport's Regulations.
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91 HEten Independent omnibus owners who, in the early part of the year (the period in respect of which the summonses were taken out) and since, have been operating buses between Shepherd's Bush and Uxbridge in disconformity with the Regulations of the Minister of Transport, have won their case, subject to an appeal to tile High Court on questions of law. In the circumstances it is not yet open to us to comment upon the merits of the case.
The defence, for which we had been prepared by the bus operators and those who were acting for them, was the bold one that the Regulations were ultra vires, and counsel for the defence was able to convince the majority of the bench that the Minister was not entitled, under the London Traffic Act of 1924, to take into consideration the need for giving relief from competition to the existing tramway undertaking already operating on the Uxbridge Road, even if he should feel that, in the absence of such relief, the tramway might be forced into bankruptcy and the travelling public become the losers by being deprived of a useful service. The tramways are certainly Inn difficult position. It is realized that they render an important service, but they are saddled with heavy capital charges and have to face excessive charges for maintenance and replacements and competition from a more mobile and better favoured vehicle. The natural course of events in these circumstances is for the less efficient method to be pushed out of the business. If it should happen that the tramways in London are discarded, the bus system will have to be expanded to take the early-morning and late-night and all-night services now provided by the tramways.
However, to return to the victorious bus operators, should the magistrates' decision not be upheld, the question of the feasibility of complying with the Regulations must be gone into, and the remaining nine summonses, now adjourned sine die, will need to be heard.