DECISION RESERVED

Dominion, Volume 27, Issue 58, 1 December 1933, Page 8

DECISION RESERVED

Fire-engines and Heavy Traffic Fees

CITY CORPORATION CLAIM

“I quite understand the force of the argument that the Fire Board should not pay the license fees, and I sympathise with it,” said the Chief Justice, Sir Michael Myers, when reserving judgment yesterday in the Supreme Court case in which the Wellington City Corporation is claiming heavy traffic license fees from the Wellington Fire Board, on the ground that its fireengines come under the Heavy Motor Vehicle Regulations. “But. of course,” he added, “if in the language of the regulations it is clear that they must be paid, then I must rule that Way.” Earlier in the proceedings his Honour said he could not understand how the difficulty had ever been allowed to arise. If it had been intended that the fire boards should be exempted from the regulations, why had not ‘ some amendment been made? He, however,, had no right to set his wisdom, or the wisdom of the public for that matter, against the wisdom of the draughtsman of the regulation. Mr. J. O’Shea, with him Mr. J. Lockie, appeared for the Mayor, councillors and citizens of Wellington, and Mr. G. G. G. 'Watson, with him Mr. H. J. V. James, for the Fire Board.

Continuing his reply, Mr. O’Shea answered the assertion of the defence that if the heavy traffic regulations were to apply, hundreds of miles of road would be barred to the fireengines by saying .that' local bodies could give permission to the engines to use the roads. Mr. Watson :■ And the fire would be burning merrily while the firemen got written permission. The Chief Justice: With the local authority as Nero. The fact that much of the equipment of fire-engines was built -in, and was not separable, Mr. O'Shea continued, was sufficient in itself to show that they were not designed primarily for the carriage of passengers, and so could not claim exemption. Mr. Watson said that of the fire engines in New Zealand only about 30 per cent, carried heavy gear. The' rest did nothing but transport the firemen and their ordinary tools of trade, Opposing counsel, during the hearing, had focused too much attention on a comparatively few vehicles. 1