HEAVY TRAFFIC.

Press, Volume LX, Issue 18135, 26 July 1924, Page 5

HEAVY TRAFFIC.

VALIDITY OF BY-LAW QUESTIONED. JUDGMENT RESERVED.

In the Magistrate's Court yesterday, I before Mr Wyvern Wilson, S.M., William Thomas Henry, carter, of Rangiora, pleaded not guilty to a charge that being an owner of a vehicle engaged in heavy traffic he did permit it to be driven along Durham street, the vehicle not being licensed, contrary to Section 7 of the Christchurch Local Bodies Heavy Traffic By-law. Mr H. H. Loughnan appeared for the Christchurch City Council, and Mr R. j Twyneham appeared for the defendant. Mr Loughnan said he understood the defendant admitted he had engaged in heavy traffic on Durham street, and that lie had failed to pay the license fee, although he had been approached by the authorities. Mr Twyneham said it was admitted that the defendant had engaged in heavy traffic, and that he was not licensed by the Cljristchureh City Council, although he was licensed by the Rangiora Borough Council. Counsel submitted that general observations should first be made. The public highways had been formed to carry heavy traffic, and they belonged to the public, but the public's right to them had been constricted under the Statutes and by-laws. He . contended that there was no provision in the Act which enabled a Council or Borough Council to make a joint heavy traffic j by-law with the City Council, there- I fore the City Council had absolutely 1 no power to enter into such a by-law ' of a Borough Council and make it a joint by-law. Counsel also submitted that the City Council had not exercised sufficient care in framing the heavy traffic by-law. The defendant, in evidence, said that on the day he had engaged in traffic on the street he was bringing passengers from Rangiora to Christchurch. He was not licensed under' the City Council's by-laws, but he was under those in Rangiora, and most of his work was done in Rangiora, but sometimes his work carried him through eight counties. He instanced a road which he said had been considerably improved by the use of his lorry (which weighed about four tons, and which travelled between 12 and 15 miles an hour) on it. Mr Loughnan submitted that through the Public Works Act the City Council had power to make a heavy traffic bylaw with a Borough Council. He submitted that the City Council had not joined with any Borough Council in making the by-law, but had framed it through the power conferred by the Municipal Corporations Act. I His Worship said that he would give j a written judgment. I