HEAVY TRAFFIC FEES.

Putaruru Press, Volume VII, Issue 270, 10 January 1929, Page 5

HEAVY TRAFFIC FEES.

RESERVED DECISION. J. P. Kelly v. County Council. A reserved decision of considerable importance to owners of heavy lorries and to 1 ocal authorities was delivered by Mr. Wyvern Wilson, S.M., at Cambridge. John Philip Kelly, of Waitoa, sawmiller, was plaintiff, and the Piako County Council was defendant. Mr. F. Burns, of Messrs. Gilchrist Son and Burns, Te Aroha, appeared for plaintiff, and Mr. S. Lewis, of Messrs. Lewis and Dallimore, Cambridge, appeared for defendant.

The magistrate said the plaintiff rested his case upon clause (11), regulation 11 of the Motor Lorry Regulations, which provides that, in respect of the use of any particular motor lorry, when extraordinary expenses have been incurred by a local authority and have been recovered in a summary manner in pursuance of section 150 of the Public Works Act, a refund shall be paid to the owner of that motor lorry from the license fee paid by him equal to the amount of such expenses incurred in respect of the period for which such license fee was paid.

Plaintiff’s two lorries were licensed by the defendant body, to whom £l5O in fees were paid. Each lorry was used upon the Piako county roads, and the Piako County Council claimed from plaintiff the amount of extraordinary expense as s result of damage to the roads. The damage was admitted, but plaintiff refrained from entering into any agreement for payment as he desired the Piako County Council to recover the amount in a summary manner. These proceedings the Piako County Council took against plaintiff, and plaintiff, having paid the sum ordered, £SO, seeks to have it refunded to him by the defendant body.

The magistrate could not see the justice of defendant’s argument that plaintiff, having admitted his liability te the Piako council before the council took summary proceedings to recover the £SO, cannot now avail himself of his payment under the summary proceedings as a ground for obtaining his refund. There was no suggestion of fraud in his admitting his liability, to the extent of £SO. It was lastly objected by the defendant body that the regulation provides that the refund shall be made from the license fee, but, taking into consideration the provision made byclause (9) of regulation 13, it is clear which local body the legislature intended should pay such refunds and what fund should be created to meet such liability.

Judgment was entered for plaintiff for £SO and cos'.s.