1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140 
Temporary TIR trailer decision for Lords
Page 30
If you've noticed an error in this article please click here to report it so we can fix it.
• "Some tens of thousands of vehicles might be affected" by a decision to be sought from the House of Lords on whether commercial goods trailers which regularly travel between the UK and the Continent are "temporarily" in this country when on this side of the English Channel.
This was said by Mr Richard Yorke, QC, appealing on Thursday of last week in the Queen's Bench Divisional Court for British Road Services Ltd and Seabourne Shipping Co Ltd against conviction by Saddleworth justices for using a trailer without plating and testing certificates, contrary to the provisions of the Goods Vehicles (Plating and Testing) Regulations 1968 and Section 14 of the Road Safety Act 1967.
Dismissing the appeal, the Court certified that a point of law of general public importance was involved in their decision.
The Lord Chief Justice (Lord Widgery), who sat with Mr Justice Lyell and Mr Justice Cooke, said that "temporarily" meant "casually" as distinguished from "regularly repeated". If one had, as in the present case, a trailer travelling between this country and the Continent so that its presence in England was intermittent but regularly repeated, his Lordship did not think that, on fair, use of language and in particular on a true construction or the regulation, it could be said to be a trailer temporarily in Gt. Britain at any relevant time.