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Haulage of Special Loads An Important Decision

23rd November 1962
Page 41
Page 41, 23rd November 1962 — Haulage of Special Loads An Important Decision
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Which of the following most accurately describes the problem?

IMPORTANT questions arising under

Reg. 66 of the Motor Vehicles (Construction and Use) Regulations, 1955, and the Motor Vehicles (Authorization of Special Types) General Order, 1955, were considered by the Divisional Court in the case of Siddle C. Cook Ltd. v. Holden (The Commercial Motor, November 9).

Briefly there were two questions of law raised. First, whether a breach of the Authorization of Special Types Order 1955 (referred to above) constitutes in itself an offence; and secondly whether such a breach constituted a contravention of Reg. 66 of the Construction and Use Regulations.

The answers to these questions are of considerable practical importance, since the penalties imposed by the Authorization of Special Types Order are far less severe.

Material Statutory Provisions Reg. 66 of the Construction and Use Regulations provides that the maximum total weight of all trailers drawn by a locomotive is not to exceed 40 tons.

However, Parliament realized that provision at the same time had to be made for cases where inordinately large and heavy loads had to be carried and accordingly the Minister, under the powers vested in him by S.64(4) of the Road Traffic Act 1950, expressly authorized, by Art 14 of the Motor Vehicles (Authorization of Special Types) General Order 1955, the use on roads of special types of vehicle, subject, however, to the special conditions and restrictions A pioneer in the development of scientific methods of automobile engine testing and tuning, Mr. S. G. Mundy, honorary president of Crypton Equipment Ltd:, a member of the M.I. Group, was presented with a silver salver this week to mark his retirement earlier this year as managing director of Crypton.

Mr. Vernon Rosenthal has been appointed manager of the Wolf Sales and Service Centre, 1-3 Strathcona Street, Glasgow, W.3, Mr. C. Monteith has been appointed area representative in Scotland by E. Boydell and Co. Ltd., of Gloucester, manufacturers of Muir-Hill Dumpers and Loaders. Previously, Mr. Monteith was with Glasgow Corporation Mechanical Plant Dept.

set out in Article 18 , of the Order.

According to Article 18, when the overall width of the vehicle or its load exceeds 9 ft. 6 in., at least three persons (instead of two), inclusive of the driver or drivers, must, while the vehicle is being driven, be in attendance to attend to the vehicle and its load: The Material Facts

The material facts in the above case were as follows. The company • was engaged in transporting a large girder about 100 ft. long, 11 ft. 6 in. wide, and weighing no less than 72 tons. The girder was loaded on two trailers and drawn by a locomotive. A second locomotive was also assisting in the movement of the load. The combined weight of the trailers and load amounted to 96 tons.

Having regard to the maximum of 40 tons weight prescribed by Reg. 66 of the Motor Vehicles (Construction and Use) Regulations, prima facie, a breach of Reg. 66 of those Regulations was being committed.

In order to take itself out of Reg. 66, therefore, the company had to show that the conditions and restrictions imposed by the Special Authorization Order of 1955 (referred to above) were complied with. As the overall width of the load, i.e. the girder was 11 ft. 6 in., and therefore in excess of the normal 9 ft_ 6 in. prescribed by the Order, at least six persons, including the two drivers, were required to be in attendance on the vehicles and the load. Accordingly

Mr. K. G. Hughes, Joseph Lucas (Export) Ltd. sales representative, is at present touring Lebanon, Saudi Arabia, Kuwait, Iran, Iraq, Bahrein, Qatar and the Trucial States. The chief object of the tour is to stimulate trade in these territories.

Mr. L. G. C. Hill, Mr. G. Barrow and Mr. P. J. Thomas have been appointed managers of Bowmaker Ltd. branches in Derby, Bournemouth and Swindon, respectively. Mr. W. Jackson is to retire as manager of the Bournemouth branch at the end of this month.

Mr. J. C. Clymo has been appointed traffic manager of the Rhondda Transport Co. Ltd. in succession to Mr. E. A. Paget, who is taking up an appointment overseas. Mr. Clymo is at present assistant

there was also a contravention by the company of the terms of the Special Authorization Order 1955.

The company was pr9secuted before the justices who found it guilty of an offence under Reg. 66 of the Construction and Use Regulations, and fined it £80.

The company appealed, and the two points of law referred to above came up for consideration.

The Decision

In the view of the Court the Construction and Use Regulations, which were made by the Minister under S.64(1) of the Road Traffic Act, 1960, applied to all vehicles, so that contravention was an offence, unless it was proved that the case came within the exception authorized by the Minister by the Authorization of Special Types Order 1955. In order to come within the exception, the various conditions and restrictions laid down in the Order had to be complied with. If they were not complied with, the case did not fall within the exception at all; and if reliance could not be placed on the exception, the contravention of the Construction and Use Regulations could not be excused. The contravention of the Regulations therefore still remained a contravention and an offence. In such circumstances, in the opinion of the Court, there was a contravention of, and an offence under, the Regulations as such and nothing more. There was no contravention at all of the Order itself; there was merely a non-compliance with its conditions. Such non-compliance did not constitute any offence under the Order as such. The result was to allow the offence under the Regulation to have full effect. The company accordingly, in the view of the Court, had been rightly convicted of an offence under Reg. 66 of the Motor Vehicles (Construction and Use) Regulations 1955.

traffic manager of the Trent Motor Traction Co. Ltd.

Mr. J. 0. Hebditch joined Deans and Lightalloys Ltd., of Beverley, Yorkshire, after resigning from Pirelli Ltd.

OBITUARY

XVE regret to record the deaths of Mr. VI' R. W. Morgan, Mr. W. Lawty and Mr. G. Sims.

Mr. Morgan, who was well known as an employee of Taskers of Andover (1932) Ltd., has died at the age of 60_ He joined Taskers in 1941 and was made spares and service manager in 1945.

Mr. Lawty, of Manor Gardens, Scarborough, a haulage contractor, died at the age of 66. He started his business after the First World War, during which he served in the Royal Marines.

Mr. Sims, haulage contractor, Brook House, Yew Lane, Ecclesfield, Sheffield, died at the age of 70.


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