BREACH OF MOTOR CARRYING LICENSE.

Manawatu Herald, Volume XLVIII, Issue 3013, 20 March 1926, Page 2

BREACH OF MOTOR CARRYING LICENSE.

WHILE CARRYING TERRITORIALS TO CAMP.

At the S.M. Court, yesterday, before J. L. Stout Esq., S.M., H. Osborne and R. MeMurray were charged by W. Berry Manawatu County Council traffic inspector, in that they committed a breach of the regulations governing the conveyance of passengers in excess of the number allowed by license.

Mr. Bergin appeared for defendants and entered a plea of guilty.

The inspector said that on February 271 h, defendants carried 44 territorials in one lorry whereas the license only provided for 30 and 37 instead of 30 in the other lorry. The penalty fixed for each breach was £2O. The defendants could have taken out temporary licenses which was not done.

Mr. Bergin said that the Defence Department had asked defendants to convey territorials from Levin to Foxton on the date in question. Osborne had explained that he could only carry the number specilied in his licenses, and if an excess of that number were required he could not undertake their transport. The Defence Dept, had replied that he could obtain permission from the Mayor of Foxton to take a number that would not endanger the safety limit. He had obtained such permission from the Mayor who, however, had no power to grant permission. Mr. Bergin pointed out that the Defence Act of 1901), exempts special charges, etc. for conveyance of troops, but no similar provision had been made in subsequent legislatios in connection with motor traffic. There was no wilful intent on the part of his client and he asked that in the circumstances a conviction only be imposed, as Osborne already paid £65 per year in license fees.

The Magistrate said he was satisfied that there was no wilful intention to break the law and he entered a conviction with costs 7/- in each case.