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Court's View on Tractor Haulage I — I A DECISION toncerning the
Page 76
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use of tractors and trailers on the roads for the haulage .of trees was given. by Lord Hewart and JuStices du Parcq and Goddard in a King's Bench Divisional Court, on Tuesday.
At the police court at Swaffham (Norfolk), Mr. Arthur J. Cripps was charged with contravening Sections 62 and 85 of the Motor Vehicles (Construction and Use) Regulations, 1931, in that the load of timber carried by a trailer (drawn by a tractor) was likely to . cause danger to a person on the vehicle or the road. Ile was fined and Quarter Sessions, on appeal, affirmed that decision.. • Mr. Cripps was driving a Latil tractor drawing a Dyson timber trailer, on which were five fir trees, the longest being 58 ft. The trailer was .specially constructed for the carriage of trees of any length. The longest tree projected 32 ft. beyond the back of the trailer, but the trees had been loaded in a manner recognized by the timber trade. Mr. Cripps argued that there was no evidence on which it could be said that the distribution of the load would cause danger or that he contravened the regulations..
Mr. Willoughby Jardine, K.C., and Mr. Cecil Havers now appeared for Mr. • Grippe to Challenge the Sessions finding, and Mr. Gerald Howard and Mr. Garth Moore supported the conviction. Mr. Jardine emphasized that the appellant had obeyed the law.
Lord Hewart : "Then he must carry the load some other way. Are there no horses left? "
Mr. Jardine: "Yes, but my client, has kept • pace with the times and adopted the most up-to-date and approved method."
Without calling on counsel for the other side, the Court dismissed the appeal with costs., Lord Hewart said the case was one of fact and seemed a clear one. It had been argued that as the trailer was an approved one for the cartage of such trees no offence had been committed. The Court could not agree. It would appear that if trees of such a length were to be hauled along the road, they could not, at any rate, be hauled by means of a tractor.