DRIVING A TRACTOR.

Auckland Star, Volume LVI, Issue 205, 31 August 1925, Page 8

DRIVING A TRACTOR.

FOUR CHARGES DISMISSED.

VTalter Archer (Mr. Hall Skelton) of Edendale, the owner and driver of a motor tractor, was charged by the Mt Eden Borough Council (Mr. Terry): (1) That he used a motor vehicle without a license; (2) that he failed to register such vehicle; (3) that he had no motor driver’s license.

These charges were laid under the Motor Vehicles Act, 1924. A further charge ttas that he had caused damage to Shackleton Road and Calgary Street by driving the tractor over it in breach of section 200 of the Municipal Corporation Act. 1920. Mr. Hall Skelton said he challenged the charges on legal grounds. The charge of damage was ordinary fair wear and tear. The Motor 5 ellieles Act defined a motor vehicle in general terms as a vehicle propelled by mechanical power. It was the same definition as the English Act. but that Act had a special provision for motor machines and a tractor fell in that class. The New Zealand Lights on Vehicles Act, 1915, drew a clear distinction between vehicles and machines and specially set forth that a tractor is a machine. The prosecution was driven down to what is the definition of a vehicle. Webster’s dictionary defined a vehicle as one used for carrving goods of passengers. A tractor fell outside this definition. The defendant had a license to drive a motor vehicle, hence all charges must fail.

Mr. J. W. Poynton, S.M.. reserved decision, as he required to give a written decision owing to its importance to all local bodies. He gave a lengthv decision traversing the legal and evidentiarv facts. He stated that he found Mr. Hall Skelton's legal contentions sound, as it would be absurd to think the Act intended to put farmers and contractors to great expense and waste of time when they only sliTfted their tractor from one field to another, or from one job to another. This was apart from the legal defences raised. He agreed that the charge of damage to the road was only trifling. •He dismissed all four charges.