Monday's hearing, N. R. Corke, the complainant, said that the machine he was riding, a "Ner-a-car". was not specially fitted to carry a passenger, but he had had a passenger on it. He could affix a passenger carrier. Some people considered such a mode of transit risky, others did not. He could safely carry a passenger. The vehicle had no In answer to the Magistrate Chief Ins. Lynch said that the definition of a "motor passenger vehicle" was that it could carry passengers - if-required. He did not mean that if a passenger could only be carried on the handle bars such a vehicle would come under that category.
His Worship said he had to decide whether on the day in™ question the car was or was not a motor passenger carrying ide.
Defendant submitted that before a motor-cycle could be called such, it must be capable of carrying passengers. The car in question could only carry passengers of a certain weight. If a motor-cycle were a passenger carrying vehicle so was a scooter. The pillion on a motor-cycle did not constitute a passenger's seat.
The Magistrate was handed an advertisement which showed, said defendant, that it was dangerous for a motor-cycle to carry a passenger behind. The advertisement depicted an insurance man asking a motor-cyclist to see that his machine was fitted with a carrier, and whether he had lost anything, Ho replied, "Yes, my wife." (Laughter). Insurance companies evidently regarded the practice as extremely dangerous. Defendant added that he wrote to the police, saying that he was entitled to pass the other vehicle, but received no reply.
The Magistrate—They have thrown the onus of giving a decision om me.
In dismissing both charges, his Worship said it was not quite clear why the word "passenger" had been inserted in the regulation under which the summons was brought. There was no side-car on the motor-cycle or passenger on the carrier. In view of all the facts he did not: think that the motor-cycle came under the purview of this regulation.
Text read from the printed page and cleaned; old type leaves the occasional error.