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Timber Tractor Not Goods
Page 60
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Vehicle Court of
Appeal
Giving judgment, the Master of the Rolls (Lord Evershed) referred to Section 4 of the Vehicles (Excise) Act, 1949, dealing with vehicles "used solely for haulage and not for the purpose of carrying or having superimposed upon them any load except such as is necessary for their propulsion or equipment."
The County Council have maintained that the tractors were not used for haulage solely, being fitted with a winch and jib to drag timber along the ground and load it on to the trailer. The winch and jib, they contended, constituted " loads " which were barred under Section 4.
His lordship, however, disagreed with this contention and considered that these operations were merely essential ancillaries and Lord Upjohn added it was a matter of commercial commonsense that a haulage vehicle must have the necessary mechanism to drag a load to the trailer, to load, and unload at the other end, Leave to appeal to the House of Lords was refused.