POWER BOARD FINED

Hawera Star, Volume L, 18 September 1930, Page 8

POWER BOARD FINED

UNREGISTERED MOT OB TRAILER

USE IN HAWBRA BOROUGH

For permitting the use of an unregistered motor lorry trailer, the Wa-nganui-Rangi tike i Electric Power Board which, prior to the offence, had taken action to fullil the require men us was lined £1 in Hawera Court yesterday when action was taken, on the information of the Borough Inspector, before Mr. J. H. S.Mi, while the driver of the lorry, James Cleary, was ordered to pay costs on a charge of operating a motor lorry carrying a greater load than provided for in its licence. Appearing for defendants on both actions, Mr. A. K, North entered a piea of guilty to the charge against the board of permitting the use of a trailer not registered in accordance’ with the Motor Vehicles Act, but in tlio caseagainst the driver of operating a. lorry , with a load in excess of the license limit counsel wished, as the defendant was merely a servant of the board, to enter a- formal idea of not guilty. Mr. J. Houston, who appeared foi th© Hawera Borough Council, stated that, on the morning of .September 9 a motor lorry and trailer belonging to the W angan i 1 i-l> a ngit.i kei Board! had been driven along Victoria. Street Hawersii by defendant denary. Conreyartee was being made of isoyen reinforced! concrete poles. Tthei driver when interviewed! by the horongp inspector, produced a- license which authorised! the lorry to carry 2 tons 18cwt.,_or a gjroSs weight, including the lorry itself, of 5 tons 10 cwt. The* weight of the* loriv i itself was given as; 2 tons 12 cwt,. and that of the poles was 3 tons 19 cwt. The total load carried was, therefore, fi tons 1.1 cwt.. or over a. ton in excess of the load allowed. ’Tlie trailer was not registered under the Motor Vehicles Act. Defendant had informed tlie inspector that It© knew lie; was carrying over the weight and that toe j matter was supposed to bo fixed up in Wanganui some time previously. Dealing with the charge against the driver. Mr. North* waitl the position was that lie was merely the employee of the board and was carrying out its instructions. The lorry to* drag the trailer was already licensed. Action in respect of the trailer had been, taken* with a view to having it treated asi one vehicle with 1 the lorry. Some adjustment was neeessa-rv and the. Wanganui inspector had authorised the board to carry hi. George Fear, city inspector l at Wanganui, said in evidence that lie had received a phone* message from the board *oti August 22 with reference to the* trailer. Certain refund in lespect of the fee already paid for the lotry was involved. This could nob he attended to immediate!v and he had given authority to* operate the*. trailer in the meantime though he did nob know it would h« operating outside the No. 8 district which extended to -Mountain.. Replviug to the Magistrate* witness said that had tlie trailer been licensed the combined load of it and the* lorry would not have exceeded* the limit. Mr. Houston said he* was prepared to accept the evidence of the Wanganui inspector without qualification*, vet the fact remained that the* unregistered vehicle had been operated in Hawera and no advice of the application for registration had been notified so far as the j Hawera district was concerned. Referring to the charge against tlie driver the Magistrate said it was clear the registration had been delayed', hut. acting on a wrong assumption, the ve-l hide "had been operated outside the Wanganui district. The court action was. therefore, justified, but im view of the Circumstances no fine* would be en-j tered. Defendant would be convicted and discharged on payment of costs. In the case against the board a fine of £1 andl costs was entered. The* costs and solicitor's fee in each instance amounted to 20s fid.