UNLICENSED TRUCK

Dominion, Volume 33, Issue 183, 30 April 1940, Page 9

UNLICENSED TRUCK

Appeal From Magistrate’s Decision An appeal by P. F. Hazledon. Wellington Corporation traffic inspector, against a decision by Mr. Stout, S.M., came before the Chief Justice in the Supreme Court, Wellington, yesterday. His Honour reserved his decision. The citv solicitor, Mr. J. O’Shea, appeared for the appellant, and Mr. R. E. Pope for the respondent, Bhaga Bhula. Giving the history of the case, Mr. O’Shea said Bhula was the owner of a half-ton truck, which was discovered by the council’s traffic officers in Allen Street, Wellington, carrying a load of 2 tons 4cwt. 2qrs. without having obtained a heavy traffic licence. Bhula had applied for a licence, but it had been refused on the ground that the truck was not structurally capable of carrying two tons. The city corporation'had then brought a ease against Bhula for operating a heavy traffic vehicle without a licence to do so. The magistrate, in dismissing the case, had said, in effect, “This vehicle not being licensed, it is no offence to operate it without a licence.” It was from this decision the appeal was being made. Bbula’s remedy being refused a licence was to apply for the city council to grant him one. The real question was whether the vehicle came under the definition of a heavy motor-vehicle. The ground for the refusal to grant a licence was that the truck was not suitable or safe to carry two tons.

Mr. Pope, for respondent, said the question was whether Bhula’s truck was a heavy motor-vehicle within the meaning of the regulations. If not, no offence had been committed. He submitted that Bhula’s truck was not a heavy traffic vehicle, and contended t hat the regulations were not designed to meet this class of case. The regulations provided a penalty for overloading vehicles which were licensed, but apparently made no provision for penalties for overloading vehicles which were unlicensed.

Mr. O’Shea stated that a large number of motor-vehieles were in the same position, and the city council was waitf# ing for a decision in . this case.