DAMAGE TO ROADS.

Manawatu Herald, Volume XLV, Issue 2593, 14 June 1923, Page 3

DAMAGE TO ROADS.

RESULT OF HEAVY MOTORLORRY TRAFFIC. Invercargill, .Tune lltli. Mr Justice Sim has given jiulgmenf on a motion to have amending by-laws in respect to motor-lorry traffic, recently passed by the Southland County Council, (plashed. In support of the motion an affidavit was filed by a carrier, who stated that the greater part of his carrying was done in Invercargill. Prior to the by-law introduced by the County Council at the end of last year, his license fee amounted to £2O but he now paid £4O. It was claimed that the fees were excessive, unreasonable, unequal, and oppressive in operation. The chairman of the County Council stated that the council had given the, matter careful consideration in view of the additional burden east on ratepayers by the council having to expend large additional sums in maintaining and repairing roads damaged by motor-lorry traffic.' The. revenue derived from these fees was considered by the council to fall far short of the amount required for repairs. In his judgment, Mr Justice Sim pointed out that the evidence had not been contradicted that the annual expenditure in maintaining and repairin'*' the county roads made necessary by motor traffic was many times greater than would be the total annual receipts. Regarding the payment of the fee being unequal, and oppressive, he stated that the 'Act authorised the local authority to provide a yearly license fee on any vehicle engaged in heavy traffic. Payment of the fee conferred a right, to use the particular motorlorry, in respect of which it was paid, for the whole year on the roads of the local authority and it rested entirely on the owners whether or not they exercised that right. In conclusion, he stated: “1 think, therefore, that the applicant has failed to establish that the by-law is invalid, and the motion is dismissed, with costs £5 to the council.”