IMPORTANT DECISION.
DEMONSTRATION MOTOR CARS. MUST BE USED FOR GENERAL PURPOSES. Judgment in an important case, the first of its kind so far heard in NeAv Zealand, was delivered in the Magistrate’s Court recently by Mr. G. ,Cruickshank, S.M V reports the Southland Times. The ' case concerned a motor salesman of Dunedin. Robert Crosbie, who Avas charged Avith driving an unlicensed motor oar. The car was bearing trade registration plates but not ordinary plates. His Worship’s decision is as follows; This is an information charging the defendant with. using an unlicensed motor car.. It appears that the defendant is a motor salesman in the "
employ of Nimmo and Blair, of Dunedin, and as the car bore the firm’s trade registration he claimed that there was no need for any further registration. ,
The law on the subject is contained in Section 18 of the Motor Vehicles Act which is to be the following effect: Any dealer may use any motor vehicles on any road, notwithstanding that such motor may not be registered, and notwithstanding that annual license to use same may not ha\-e been issued, if (a) the motor vehicle is held only for the purpose qf sale, and (b) AA’hile at any time in. use, and attached to the motor vehicle there is a trade registration plate. What is the meaning of the words * held only for purposes •pf sale”?
It Avill be seen that the dealer can only travel with the trade mark if the motor is “held only for purposes of sale.” Now in this case the defendant is a traA’eller in the employ of Nimmo and Blair, ivho have an agency for a certain make of French car in’ addition to other agencies and a general mercantile . business in implements, seeds and manures. The defendant travelled from Dunedin over a large portion of Southland selling and soliciting also trying to sell the French cars. He finally arrived in Invercargill on the date of a football match, and parked the car in the street and went to view the contest.
How can a car that is used for general purposes be said to be “held only for purposes of sale” simply because the owner also solicits orders for the make of car? If that were so, any firm that required a fleet of cars on the road Avould only need to have an agency for a certain make of car, and! by using that car in their, business pay only 10s a year instead of £3 6s a, year. i
When a car is held; only for purposes of sale the dealer can use this car ora the highway so as to show an intending purchaser the points of the car. The prospective purchaser may want’ to drive the car on the mad himself to test its qualities. It may also be necessary to take the ear out to a pros., pective purchaser’s > residence some miles from the dealer’s shop. But it is not lawful to use a trade mark car for general business, even if soliciting; orders for cars is mixed up with it. The car must be either a new car offered to a prospective buyer, or else a demonstration inodel used for showing, testing, or proving the qualities of that make of car. A demonstration car may be in use demonstrating for many months, but it is not to be used regularly as a. general utility ear in addition to demonstrating. The defendant was convicted and fined £5, with 7s costs.
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Bibliographic details
Hawera Star, Volume XLV, 15 October 1925, Page 4
Word Count
586IMPORTANT DECISION. Hawera Star, Volume XLV, 15 October 1925, Page 4
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