Lorry Overloaded : High Court Appeal
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IN a King's Bench Divisional Court, on Tuesday, Mr. Frank Chamberlain, an inspector of weights and measures for Hertford County Council, appealed. with success, against a refusal of the Ware magistrates to find that Mr. E. C. Bowler, of Camberwell New Road, London, S.E.5, had committed an offence against Regulation 59 of the Motor Vehicles (Construction and Use) Regulations, 1931.
The allegation was that in January last Mr. Bowler permitted to be used on the highway a six-wheeled heavy lorry carrying 5,000 bricks, in such a. way that the weight transmitted to the road was more than 19 tons. The weight of
the vehicle with load was 21 tons 17 cwt.
It was stated by Mr. Frank Milton (for the appellant) that Mr. Bowler's contention was that Regulation 59 was amended by Section 4 (23) of further Regulations issued in 1935, and that the total weight transmitted to the road by his vehicle could be 22 tons.
But, said counsel, Section 4 dealt only with track-laying vehicles. The type such as that used by Mr. Bowler was not a track-laying vehicle and Regulation 50, so far as his lorry was concerned, remained unamended.
The Court allowed, the appeal and remitted the case to the magistrates.