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'Wrecker' appeal allowed
Page 43
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• An appeal by Hunter the Bakers, of Berkeley Square, London, W, against conviction by Darlington County Borough Justices last August on a charge alleging misuse of trade plates on a lorry used by the firm for attending to breakdowns in its fleet of bread delivery vehicles was allowed by the Queen's Bench Divisional Court on Tuesday.
The charge against the firm alleged that, being the holder of a trade licence, it had used a motor lorry by virtue of that licence on a public road at Darlington on December 14 1971 — the vehicle not being temporarily in its possession — for a purpose other than one for which the vehicle was authorized to be used.
The Lord Chief Justice (Lord Widgery), giving judgment, said that the privilege of using trade plates was given to a motor trader so that he might bring on the road vehicles which were temporarily in his possession by virtue of his trade or were being used on a "recovery vehicle".
In the present case the BMC platform lorry with sides used by the firm to attend to broken down members of its fleet of goods vehicles was equipped for the purpose of raising a disabled vehicle from the ground but incapable of a suspended tow because it had no crane or winch for that purpose.
Mr Justice Cusack and Mr Justice Mars-Jones agreed that the appeal succeeded.