XN000022-1976-11-10 — Page 18

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WEDNESDAY, NOVEMBER 10, 1976.

PUBLIC OMNIBUS SERVICES (AMENDMENT) BILL 1976

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THE PRACTICE TO OPERATE PUBLIC OMNIBUS SERVICES IN THE

GUISE OF TOUR SERVICES WILL BE STOPPED IF THE PUBLIC OMNIBUS SERVICES (AMENDMENT) BILL 1976 IS PASSED BY THE LEGISLATIVE COUNCIL.

THE BILL WAS INTRODUCED INTO THE COUNCIL TODAY.

IN MOVING THE SECOND READING OF THE BILL, THE SECRETARY FOR THE ENVIRONMENT THE HON. DEREK JONES, SAID THE OBJECT OF THE BILL WAS TO REPLACE THE EXISTING DEFINITION OF TOUR SERVICE+ WITH A NEW AND MORE PRECISE DEFINITION.

+THIS IS A TIGHTER DEFINITION WHICH INCLUDES THE CRITERIA USED IN THE U.K. ROAD TRAFFIC LEGISLATION, HE SAID.

MR. JONES POINTED OUT THAT THE PRESENT DEFINITION OF +TOUR SERVICE HAD PROVED TO BE DEFECTIVE AS, UNDER CERTAIN CONDITIONS, IT COULD PERMIT WHAT AMOUNTS TO REGULAR NON-FRANCHISED BUS SERVICES TO OPERATE.

+THIS IS MAINLY BECAUSE THE DEFINITION DOES NOT PROVIDE THAT ALL PASSENGERS MUST BE CARRIED FOR THE GREATER PART OF THE TOUR'S ROUTE, NOR DOES IT PROHIBIT THE CARRIAGE OF PASSENGERS WHO USE THE SERVICE FREQUENTLY, OR AS A MATTER OF ROUTINE,+ HE EXPLAINED",

MR. JONES RECALLED THAT IN 1975 A PRIVATE BUS SERVICE WAS ESTABLISHED OSTENSIBLY AS A TOUR SERVICE BUT WAS IN FACT MAINLY CARRYING COMMUTERS, MOST OF WHOM USED IT REGULARLY.

+A PROSECUTION WAS TAKEN AGAINST THE OPERATORS FOR RUNNING A PUBLIC OMNIBUS SERVICE WITHOUT A FRANCHISE BUT THIS WAS DISMISSED BY THE COURTS BECAUSE IT WAS HELD TO FALL WITHIN THE DEFINITION IN THE ORDINANCE OF A TOUR SERVICE',+ HE SAID.

THOUGH THE SERVICE WAS NO LONGER IN OPERATION, IT WAS PROPOSED TO REPLACE THE DEFINITION WITH A NEW ONE IN THE LIGHT OF THE COURT'S RULING, HE ADDED.

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