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Container Appeal Dismissed

23rd February 1962
Page 45
Page 45, 23rd February 1962 — Container Appeal Dismissed
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Which of the following most accurately describes the problem?

A 40-FT.-LONG articulated vehicle, I–I bearing a cattle container, contravened the Motor Vehicles (Construction and Use) Regulations, 1955, when it was driven along the M6 motorway, the Queen's Bench Divisional Court decided last Friday. The container, the court ruled, was part of the vehicle and not part of the load.

The court dismissed, with costs, an appeal by Fellside Transport, Ltd., of Lazonby, Cumberland, the vehicle owners, and its driver, Mr. R. E. Harrison, against their conviction by South Lonsdale and Hornby magistrates, at Lancaster, on September 20, 1961: The company had been fined £5, with £6 9s. costs, and Harrison £1.

The Lord Chief Justice (Lord Parker) said that although the container was movable, it was kept on the lorry and used, day in and day out, for carrying livestock.

Under the regulations, the length of an articulated vehicle should not exceed 35 ft., but there was a proviso in Regulation 6 (1) (11) that this should not apply in the case of an -articulated vehicle constructed and normally used for the conveyance of indivisible loads of an exceptional length.

The appellants contended that the vehicle was constructed and normally

used for the conveyance of the container and its cattle load. The justices found that it was not so constructed, 4ut had been habitually used for the conveyance of livestock.

His Lordship could see no answer to that, as a question of fact. It was the answer any mart, lawyer or layman, 'would give on looking at the vehicle, as it was in 'ordinary use. It was conveying cattle, and cattle were not indivisible loads, at all. The magistrates had come to the only possible ,cnnelusion.

. Mr. Justice Ashworth and Mr. Justice Fenton Atkinson concurred. • COVENTRY COACH TAKE-OVER

TW0 of the oldest coach Concerns in Coventry . have merged, With the taking over of Bunty Motorways, Ltd., by Red House Motor Services, Ltd. Only the Coventry, and not the Nuneaton, operations of Bunty are involved in the acquisition.


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