ARE FARMERS' LORRIES EXEMPT?

Evening Post, Volume CXI, Issue 71, 24 March 1926, Page 10

ARE FARMERS' LORRIES EXEMPT?

A MAGISTRATE'S VIEWS

'' GOVERNMENT SHOULD BE APPRO ACHED."

Are farmers and . market gardener* who drive their produce-laden motorlorries along the Hutt road exempt by the Wellingtjn City Council's bylaw from the payment of the heavy traffic fees demanded by the motor-lorry regulations, or is that bylaw overridden by the regulations? The^ byjaw exempts from payment of the -fees all vehicles engaged in farm iwork-or in transporting farm produce* ' These questions were argued St. length in the Magistrate's Court ttf-day, when Henry Chittock, market ;gardeiier, of Lower Hutt, was charged -with-failing ' pay his heavy traffic tee.' : The case took- the form of a test. '"■' ; For the City Council, Mr. J;vLockie contended that the lorry in question was used commercially, and- therefore came within the definitions".of the regulations published in March, 1925. He admitted 'viatthc council had passed • bylaw exempting from payment of the fees vehicles used for farm work; or-for carrying produce, but submitted'that the bylaw was overridden by '•■s&, regu* lations, and that, therefore the .'fee» were payable in respect of these vehicles. He said.that the .matter, had not been brought before, in order to give market gardeners an opportunity of taking certain steps. He further admitted thai a similar exemptioii in a heavy traffic "bylaw recently passed applied to vehicles other than' motor-lor-ries. ■ ' ■ •' 'I '■■'' „' ': '/, ' Mr.L. H. Herd, for the defence, said that in January, 1925, the Wellington City Council, in : collaboration' with the other local bodies, passed a heayy ;traffic bylaw by which the council was appointed the collecting agent- for the fees. In March regulations werepassed under the Public Works and the Motor Vehicles Act dealing with, the use of motor-lorries and accordingly the market gardeners paid fees for their vehicles amounting to £2 each, and were assured that exemptionl from th) provisions of the regulations .was provided by the bylaw. - Later. ; gome of the gardener* were \ notified that they • would have to; ;p»y full fees. Thp City Solicitor stated that, in spite of the bylaw,-they must pay, A deputation waited upon the Mayor of Lower Hutt; the chairman of the Makara County Council, and: the Mayor of Wellington, all members of the .Highway Board, .desiring that'.the "exemption granted by the bylaw., should „be specifically expressed in an amendment to the. regulations. On Bth December, the Prime Minister, as Minister of Public Works, was waited npon,'. aid his written reply haa been received: on 9th March, indicating he was not prepared at present to make any-alteration in the regulations: ■ ■;'■'■< !;-" ' ■ The gardeners' contentions for exemption, continued Mr. Herdj, included the facts that their-vehicles-were not used for hire, that they-used-the roads only once or twice a weekj and under the regulations, they would bB-asked to pay as much as a carrier using the road continually. In addition, the 'farmers paid heavy taxes for their fairms, averaging about £30 or £40 each, and most of their,rates went-,towards the upkeep of the roads. ; ;.;.':; » The local bodies were stopped. from denying the validity of their own bylaw, and consequently, the Wellington City Council, as their agent, could not sue in face of that exemption, said Mr. Herd.' The position Was peculiar since the council had this year passed a bylaw which repealed the former, bylaw. In the new bylaw: there was a similar exemption,* and yet the ,council waß suing for payment of the, foes. The local bodies were not obliged to collect fees by the regulations, and, therefore, an exemption by the local bodies would be effective. ' • "I have no hesitation ;in deciding that the lorry in question was wed commercially, and that the bylaw giving exemption is overridden by the regulations," said Mr. C.'B. Orr Walker, S.M., in giving judgment.' Mr. Herd had contended that the council was' stopped from bringing ran 'action in face of the' exemption of.' the: bylaw, said his Worship, but .though, it seemed strange that :the local- bodies'-who had the caro of thp roads and who had by the exemption in the bylaw given as their opinion that this class of lorry should be exempted should have the power to give effect: to this, yet this was i the case. The, remedy lay in approaching and repeatedly approaching the Government to. obtain an amendment in the ; regulations. ._ The collection of fees could be enforced by the Government. Defendant would be convicted, but no penalty would be imposed. Costs amounting to 11s were ordered to be paid by the defendant.