IMPORTANT POINT
BREACH OF TRANSPORT REGULATIONS LIABILITY ON DRIVER A case adjourned from the Opotiki Court and of interest to transport, interests was heard before Mr Walton, S.M., in the Magistrates Court, Gisbornc, when the Transport: Department, through, one of its officers, proceeded against Limited. (Mr D.E. Chrisp) the defendant company being charge ed with carrying stock while not the holder 1 of the consignment note required under the provisions of the Stock Amendment Act, 1938. Inspector Delves, Whakatane, who appeared for the department, that the facts were not in dispiW. desired a ruling on the question ther the employers could 'be prosecatL ed for a breach of Section 2 of the/ Act, or whether' the proceedings i|KSi£ be taken against the driver. r After hearing legal argument, Mr Walton gave judgment in favour of the defendant company, dismissing the information on the grounds tjjflfc the section of the Act was to compel the execution of consignment notes, but that the language of >the section «made it clear that the duty of icomplyijog with the terms pf the section, fell upon the person driving the vehicle and not upon t»ic owner of the Vehicle.
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https://paperspast.natlib.govt.nz/newspapers/BPB19390724.2.12
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Bay of Plenty Beacon, Volume 1, Issue 40, 24 July 1939, Page 4
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194IMPORTANT POINT Bay of Plenty Beacon, Volume 1, Issue 40, 24 July 1939, Page 4
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