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Cattle Container Not Part of Vehicle

16th July 1937, Page 39
16th July 1937
Page 39
Page 39, 16th July 1937 — Cattle Container Not Part of Vehicle
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Cattle Container Not Part of Vehicle

AFTER hearing legal arguments respecting the weight of a cattle truck, the Doncaster West Riding justices, last Saturday, dismissed a summons against the driver of the vehicle, Jarnes Atkinson, of 'Hamby Dun, for exceeding a speed limit, of 20 m.p.h., and another brought against the -owner, Charles R. Smith, cattle transporter, of. Hatfield (Yorks)„ for

aiding and abetting. • . The,contention of the police ,was that the vehicle,which carried a cattle contamer, was one of 2 tons 17 ewt. weight, at which figure it was licensed. Thus the speed limit was 20 in.p:h. DOnald Dunn, defending, qnoted a decision of the Scottish Court of Appeal, in February last, in which it was decided in the case of. a ,similar vehicle that the container was not part of the vehicle, but was part of the load. He had been in communicatiov with the Local Taxation Officer al Nottingham in respect of a similar vehicle and was *old_ that, where the weight of a lorry plus the containei was over 2/tons it was necessary tc declare only the weight of the vehicle without the container.

If the bench held the weight to be over 2i. tons, said Dr. Dunn, he hat no case to answer. It was his contention that the weight of -the vehicle itself was 2 tons 6 cwt., and that i1 was entitled to travel at 30 m.p.h.