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Trade licences (4)
Page 92
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IT MUST be remembered that it is only for the 11 reasons listed (CM August 2) that a vehicle can be legally used under a limited trade licence.
In Griffiths v Studebaker Ltd. 87 J.P. 199 it was held that an offence is committed by the licence holder even though the wrongful act is done by the servant. In this case a Studebaker motor car, bearing limited trade plates, was being demonstrated in a perfectly proper manner by an employee except that more than the permitted number of passengers was being carried. It was proved that the company had given each driver a copy of the relevant regulations and instructed them that the regulations were to be observed. The firm was charged with the offence and the driver with aiding and abetting. It was held that the company, by the act of its servant, had contravened the regulations and that it and the driver should both be convicted.
Carrimore Six Wheelers Ltd. v Arnold 113 J.P. 456 is an interesting case concerning limited trade plates. A tractor bearing this type of plate was towing a trailer which was loaded with another trailer. Both trailers were new and were being taken to the docks for export; the tractor was not a new vehicle. The firm which was charged with using the limited licence to carry goods, was convicted and subsequently appealed. It contended that no offence had been committed because: (a) no goods had been carried by the tractor and (b) if the facts amounted to the carrying of goods the trailers were in the course of delivery to a port for export and this was permitted. It was held that the circumstances did amount to carrying a load and that as the trailer was not new the exemption created by the regulation did not apply.
A judge hearing one of the appeal cases quoted said: "This is another instance of a regulation which is extremely difficult to understand." A statement with which I am sure you will agree.