AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

"Illegal" Ex•Service Vehicles

10th January 1947
Page 28
Page 28, 10th January 1947 — "Illegal" Ex•Service Vehicles
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

rE situation concerning ex-Service vehicles that cannot legally be employed on public highways for the reason that they do not comply with the Construction and Use Regulations, particularly in respect of width, is becoming' increasingly complicated. "

Some of these have passed through more than one pair of hands and have, in fact, been employed, in some cases for months, on haulage and other work. Now, it appears from a recent announcement by the Minister, that in no circumstances will such vehicles be approved, and the Minister' is not prepared to make concessions.

The problem then arises as to who is to accept the loss when the vehicle is put off the road and cannot be employed remuneratively in some other manner.

In general, the onus is on the buyer, unless there has been some misrepresentation by the seller. A Ministry is usually the first seller, but we arc , assured that every catalogue carries a Warning that buyers must be certain that vehicles purchased for road use • comply with the Regulations.

The purchaser from the disposal people may be the original operator, or he may be an agent who, later, sells the vehicle to a customer. In such,cases, if the eventual buyer finds that he cannot run the Vehicle, he may quite _likely endeavour to claim upon the agent who Sold it to him, for a refund of the purchase money or for any alterations requ i red.'

What success he might achieve depends upon the view taken by the court if the case he taken that far. Much would, no doubt, depend upon the conditions under which the sale was made. It would seem that if the agent sold the vehicle as being quite fit for use in every way, he would be in a somewhat weak position, although it is possible that the agent himself did not fully understand, when he originally bought the vehicle, that it could not be employed on public roads without important modifications.

Tags


comments powered by Disqus