Evans v Hassan and Another      Street traffic – Express carriages – Road service licence – Special occasion – Road Traffic
Act 1930 (c 43) s 72 – Road Traffic Act 1934 (c 50) s 25.
A motor-coach owner, H, by arrangement with a theatre manager, M, caused a party to be
taken from Hounslow to Epsom Races and back. H had no road service licence to run motor
coaches from Hounslow to Epsom, and the coach drivers carried no work tickets.
Informations were laid against H for using and against M for causing to be used motor
vehicles as express carriages otherwise than under road service licences, contrary to the Road
Traffic Act 1930, s 72. The justices found that H had been induced by M to believe that the
party was a private one, and, therefore, there being no mens rea, that he had committed no
offence under s 72. The justices consequently found that M had not caused an offence to be
committed, and dismissed both informations. The informant appealed:—