/ am a farmer and I sell manure from my
Page 43
If you've noticed an error in this article please click here to report it so we can fix it.
farm to a nearby mushroom grower. This I carry in my own vehicle. I am told that in a recent case it was held that undertaking this kind of transport with a vehicle licensed as a farmer's goods vehicle was outside the permitted use. Could you quote details of the case concerned? A No doubt you are refer ring to a case which went to appeal on October 21, 1975 after being dismissed by a court at Bury St Edmunds. In the case of McKenzie v Griffiths Contractors (Agricultural) Ltd the defendant used a heavy goods vehicle, licensed under the table contained in Schedule 4 to the Vehicle (Excise) Act 1971, as •a farmer's goods vehicle for transporting straw grown on their own land to a racing stable. After it was used for balding horses, it was taken to a mushroom farm.
After being stopped on the road, they were prosecuted for using a goods vehicle for a purpose not covered by the excise licence. The case was dismissed at Bury St Edmunds, the view being taken that at the material time, the vehicle was being used for agricultural purposes, especially as if the mushroom grower rejected a load, it was taken back to the defendant's farm.
On appeal, however, the case was remitted to the justices with a direction to convict. The Appeal Court held that the justices should have considered whether the journey from the racing stabiles to the mushroom farm was solely in connection with the use of the produce of agricultural land. As the defendant's lorry was transporting manure and the material had ceased to be straw, it was no longer produce solely for the use of their farm.