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Livestock Artie was 5 ft. too Long rt A CASE which

29th September 1961
Page 38
Page 38, 29th September 1961 — Livestock Artie was 5 ft. too Long rt A CASE which
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Which of the following most accurately describes the problem?

Mr. F. J. McHugh, defending, said was of some concern to road hauliers all over the country, came before South Lonsdale magistrates at Lancaster last week when Fellside Transport, Ltd., of Croft House, Lazonby, near Penrith, contested a summons alleging that they used "a heavy motor car and trailer, namely an articulated vehicle, over 35 ft. in length" at Ellel, near Lancaster, on May 15 this year.

Mr. G. E. Hallam, prosecuting, said the vehicle was a six-wheeled articulated three-deck cattle transporter and it was conveying a load of 97 sheep and five cows. This, he said, was not a full load. The excess length was 5 ft. (40 ft. overall).

The Construction and Use Regulations, said Mr. Hallam. provided that an articu

lated vehicle should not exceed 35 ft. in length, but there was an exception which only applied to an articulated vehicle which was constructed and built and normally used for the conveyance of indivisible loads of exceptional length. In this case, he contended that the exception did not apply because it was not an indivisible load and that. this particular vehicle was normally used for the transport of livestock.

Not Disputed

Mr. McHugh did not dispute the facts. but on the question of law he contended that the owners of the vehicle were entitled to claim the exception because the livestock were in a box type container which was fastened to the flat of the trailer that formed part of the articu fated vehicle, and was superimposed on it. He submitted that this formed part of the vehicle.

The magistrate's clerk said he would advise the bench that the sole point they would have to decide was whether the load on the vehicle was livestock or whether it was the box container.

The Court found the case proved. Fellside Transport were fined £5, plus costs, and the driver of the vehicle was fined II for driving an articulated vehicle which was over 35. ft. in length.

Haulier Received Stolen Lorry

A CHORLEY haulage contractor was r-1 fined £50 at Preston last week when he admitted receiving a fl.963 lorry knowing it was stolen. He was James McCullagh. of Millfield Road, Chorley.

Prosecuting, Mr. J. A. Morgan said accused told detectives he gave another man £300 for the 7-ton lorry in a back street near Preston Dock. McCullagh had admitted he knew then that the lorry still belonged to a hire-purchase company. A sum of £1,260 was owed.

Defendant had said he covered over the original number plates and painted the vehicle green. Later, he went to Liverpool and sold it for £300. There the lorry was again given different number plates and repainted maroon.

McCullagh was told: "This is your first offence. If it had not been so, you would have been dealt with far more severely."


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