News of Municipal Activities
Page 37
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Abnormal Loads: High Court Appeal Fails. , Fred Robinson (Transporters), Ltd., Stockton-on-Tees, appealed to Lord Hewart and Justices Avory and Mackinnon, in a king's Bench Divisional Court, last week, against a decision of the justices of Newport (Mon.), who had fined the company 21 for contravening an Order made under the Road Traffic Act, 1930.
The company was charged with contravening Article 8 of the Motor Vehicles (Authorisation of Special Types) Order No, 1, 1931, by using on a highway in Newport a motor vehicle which carried a load exceeding 8 ft. in overall width and failing to provide four persons, inclusive of driver, to attend the vehicle and its load. The lorry and trailer weighing about 7 tons, carried a load of 5 tons 16 cwt., which was 13 ft. wide.
The company contended that the Order was applicable only to vehicles specially designed, constructed and used for the conveyance of abnormal and indivisible loads. This particular lorry was of the standard type. Respondent, however, contended that Article 8 of the Order applied to all vehicles carrying such loads and the justices accepted that contention.
Lord Hewart remarked that if the appellant's contention was sound, there was no restriction on loads which might be carried, unless the vehicle came within the Order.
Counsel for appellant : "None whatever under the Road Traffic Act. Of course a summons for obstruction might issue."
Counsel for Newport Corporation (in reply) said that the words "any vehicle" were plainly mentioned in the Act and, therefore, the meaning was unmistakable.
The. appeal was dismissed, Lord Hewart saying that it was quite open for the justicesto hold that the Order dealt with "all motor vehicles which were defined by the Act of 1920. Justices Avory and Mackinnon concurred. Licences Obtained with Dishonoured Cheques.
The County Councils Association has expressed agreement with the views of West Sussex County Council with reference to the question of local-taxation licences being obtained on payment made by a cheque which is subsequently dishonoured. It has decided to make representations to the Ministry of Transport that an early opportunity be taken to provide, in future legislation, power to enable licences thus obtained to be cancelled or confiscated.
M. of T. Holding Skidding Tests.
The highway committee of Poplar Borough Council reports that recently the Ministry of Transport (Experimental Branch) asked for the cooperation of the council in carrying out skidding tests on the experimental portions of the surface-dressed asphalt in Devons Road. The tests will be carried out monthly between midnight and 2 a.m.