MOTOR VEHICLES ACT

Evening Star, Issue 19799, 24 February 1928, Page 6

MOTOR VEHICLES ACT

MISUSE DF DEMONSTRATION GAR FIRST CONVICTION UNDER AMENDING ACT Decision was given by Mr H. W. Bundle, S.M., in the City Police Court this morning in the case in which Messrs Cossens and Black were charged with permitting an unregistered vehicle to be used in High street. Andrew Hewitt was charged with driving an unregistered van. When the case was heard it was claimed for the delenco that the practice of lending a demonstration car, ns was done in this ease, to a client whose car was being repaired, was a common one and essential in the business, it was also claimed that the practice was authorised by an amendment of the Motor Vehicles Act.

The Magistrate said that it was obvious that it would bo a convenience and an advantage to an owner of a motor vehicle of any kind that lie should have the use of another vehicle while his own was out of commission, but it was just as obvious that tho owner, whether a dealer’ or not, granting him the use of the substituted vehicle required some payment for the me from the bailee. The section of tho Act in terms assumed that the owner must continue to hold the vehicle fi ho wished to claim the exemption. If lie loaned or hired it, he could not bo said to have sold it. _ He had parted with tho possession of it. His Worship did not think any exemption from the ordinary method of registration was intended or was granted by section IS to a manufacturer or dealer* except in respect of a vehicle which he obtained possession of and which was used on any road by himself or his agents for tho purpose of selling or for any purpose connected with his own business. The defendants, while tho van was in possession of Hewitt, ceased to hold it for that time. Defendants would be convicted, but, as this was the first charge under tho amending Act, they might well have been under a misapprehension. They would he fined court costs (10s)The charge against Hewitt, who was the driver employed by the owner of the van which, was sent to Messrs Cossens and Black for repairs, was withdrawn.