HEAVY TRAFFIC BY-LAW

Dominion, Volume 16, Issue 121, 7 February 1923, Page 4

HEAVY TRAFFIC BY-LAW

HELD TO BE UNREASONABLE UPPER HUTT TOWN BOARD EXCEEDS POWERS That the Upper- Hutt ,-Town Board had exceeded its powers in framing a by-law prohibiting the use of heavy motor wagons in the district unless they ; were licensed, and that the bylaw was .-unreasonable, as was also the fee of £5 set down by the board for perhaps only one trip on th< road —these were, the outstanding points in a reserved decision delivered bv Mr. F. K. Hunt, S.M., in ths Magistrate’s Court yesterday. He was dealing with a case in which J- Campbell, Ltd., were proceeded against by the Upper Hutt Town Board on ten informations of driving heavy 1< rries through the district without paving a license fee. “The defendant company, which carries on business in Wellington,” stated His Worship, “took a contract to deliver timber for the Public Works Department at Akatarawa. For this purpose they used four motor wagons, each capable of carrying mors than five tons. To reach Akatarawa, the wagons had to pass through the Upper Hutt town district, and ten informations are laid against the company for using the wagons in iho main road without first having them duly licensed by the Town Board. The informations are laid under teuion 25 of the Hqavy Exceptional and Other Traffic By-law, 1919, made by the board, which prohibits the use i f ft motor wagon in the district unless it is licensed. For the class of wagon used, the licensq fee prescribed is £5 per annum. The main hignway from Wellington to the Wairarapa nns through the Upper Hutt tev.n district.

“The by-law is made under subsection 1 of section 344 of . the Municipal Corporations Act, which enables the local authority to make a by-law regulating, controlling, and prohibiting exceptional or heavy traffic on streets, and prescribing payments in respect of such traffic. Snb-section cof section 346 requires that- the license fees shall be reasonable. By-laws affecting the uSo of high roads by the public are to be carefully scrutinised. “In this case the question to bo answered is: Is the by-law a reasonable one? The by-law demands that every motor wagon, whatever its weight or load, should pay a fee and bo licensed before it uses any road in tho district, bo it a high road or a side road, and oven if a wagon passes only onco a license must bo obtained and the fee paid. Power is given by section 139 of the Publio Works Act, 1908, to a local body to make by-laws relating to heavy traffic,' and heavy traffic is therein defined- The public interests are protected under this Act since the Minister of Publio Works must agree to them. Under this Act the by-law could have been made to meet the case, and casual heavy traffic either by toll or a reasonable liceine. The Town Board has not, seen lit io use this Act, but have attempted to tax every motor vehicle, except the ordinary private car, that uses their roads by calling it heavy traffic. “I think they have exceeded their power. The by-law is unreasonable and too wide, and is also unreasonable in making a license fee of £5 for perhaps one jouraey over the-roads. Ihe informations are dismissed with £3 3s. costs.” n , J. Security for appeal was fixed at £7 7s. ’