MOTOR REGULATIONS

Hokitika Guardian, 1 September 1925, Page 3

MOTOR REGULATIONS

IMPORTANT TEST CASE. DEFENDANT CONVICTED. CHRISTCHURCH. August 31. A test case of considerable importance to local bodies and owners of mutor-lurrics throughout the Dominion was recently decided ati the Magistrate's Courl. Chrislcburcht. before Mr Wyveru Wilson, S..M. The case was brought by Mr 11. McIntosh. City Tradio Inspector (Mr R. J. Loughnau), against Walter S. Bussell (Mr C. S. Thomas), the defendant being charged that on April Mill, at Christchurch, he did operate a motor vehicle, to w:t a motor-lorry, along the Kit carton road at a speed of exceeding 1 If miles an hour, the maximum speed for such motor-lorries being in Class K contrary to Section 5 of Regulations as to the use of motorlorries. dated March 21th. 1925, and the Public Works Amendment Act. 1921. The .Magistrate’s decision was as follows : The fact’s are that the defendant drove a large motor vehicle carrying many passengers and some luggage, along tiie Riciarton road at a speed exceeding l-l miles per hour. The vrliiile was w hat L know n as a Tliorneyeroft passenger Inis. It is contended on behalf of the defendant that the regulations under which the defendant is charged are ultra vires of the powers of his Excellency the Govei'imr. contained in the Statutes miller whieli I liey pui-por! 10 bo In tin* t i»»ns “motorlorry’’ is deliucd as meaning any motor vehicle as deliucd bv the Motor Vehicles Act, 11)21. used lor hire or used for commercial purposes in I lie carriage of passengers or goods and which wilh ii.s maximum load exceed.-, 2 tons in weight, and include-, tractors, but dues not include traction engines. Regulation No. 2 classifies motor-lor-ries into alphabetical classes according to Illicit' weights. Tbe defendant's vehicle according to that classification would fall within Class K. Regulation 5 fixes maximum speeds for niolorlorries according to then* class, and prohibits any exicss of those maximum speeds. It is contended for tbe defendant that under the Motor Vehicles Act. 1921. there is no power to make such a clasxilie.at ion of motor-lorries, and that under Die Public Works Amendment An. 1921. a vehicle in order to be a nnUor-lorry must carry both passengers and goods, and that as Hie definition of motor-lorry in the Regulations is in the alternative for the carnage ot passengers or goods it cannot aoply to a motor lorry as deliucd by the Public Works Act Amendment. 192 I.

I am of opinion that Section 3(’>. Sub Section 1. Paragraph N. of the Motor Vehicles Act. 192-1. confers wide enough power lor the Regulations 2 and 5 under which Ibis charge is laid. Thai paragraph gives power to make regulations “fixing for the better preservation of roads and streets or for ijhe safety of the public, the maximum sliced "I motor vehicles on any specified road or street or in any locality or throughout New Zealand or fixing maximum speeds for specified classes ol roads or streels.’’ It seems to me dial the general power eonfern.(| in ib,-it paragraph is quilt* wide enough to enable a different at ion lo be made between various classes ol motor-

1,, n-irs, the use of which will result in greater or less injury lo the roads and streets. Taking into account the whole scone and obvious intendment of the regulations. I cannot think that it was intended that, a motor-lorry carrying manv passengers could escape the obligations imposed by the regula-

tions by the carriage of a comparatively small amount" of goods at the same I,ime. I think that a niot'ilorrv which carries either passengers or goods or both, must, be within the regulations and within the definition. Under the Public AVnrks Amendment Act a furtfher power is given by Section 19. Sul Seel ion 2. Paragraph CL to “fix limits of speed for nmtortorries with reference to their weight enn-ving capacity and kind ot tyres. Sub Section 1 defines a motor-lorry as including every motor vehicle used tor bin* or US‘d for commercial purposes i„ the carriage of passengers and goods, and which, with a maximum joail exceeds 2 tons in weight. This definition is. I think, made in contemplation of the generally accepted or philological meaning of “lorry. Lorry is prima facie a truck or waggon end is not such a vehicle as is used for passenger traffic. ft is said t" be derived from the verb “to lug” or “drag.” The definition, it will be noted, is not an exclusive one. and is only an extension of the general mealing of the term “motor-lorrylt will follow, therefore, that any motor-Inn-v over 2 tele i» weight, used for traction and not for passengers would also fall within the regulations made under Paragraph (b Defendant is convicted. As lie ,-nse is brought and considered b\ both parties purely as a test case, inflict a nominal fine of Is. and oidei him to pay costs. Costs of Court ,s. and solicitor £1 Is.