HEAVY TRAFFIC LICENSE.

Hawke's Bay Tribune, Volume XVI, Issue 89, 31 March 1926, Page 5

HEAVY TRAFFIC LICENSE.

WRONG FEE CHARGED. AN UNUSUAL MISTAKE. Wellington, March 31. Mr. C. R. Orr Walker, S.M., gave his reserved recision in the Magistrate’s Court yesterday concerning the case in which the Wellington City Council proceeded against George Smith, Alleging that on January 7 last he used a heavy traffic vehicle without a proper license. In evidence it had been stated that defendant, on payment of £6, had been given by mistake a license, the proper fee of which was £lO 10s. He therefore held that under the circumstances he was the possessor of a proper license. \“I cannot see ahv difference between the deficit fee being paid and that where no fee at all is paid,” remarked the Magistrate in giving his decision, “nor between the case of a license being obtained on payment of a wrong fee, and that where a license has been obtained without payment by trickery or fraud. In the latter case it could hardly be reasonably contended that a license was given in accordance with the regulations. The plain meaning of the Act suggests that a license can only be had upon the correct fee of £lO 10s being subscribed. 1 therefore think that a conviction must be entered.” As the issue of the license was a bona fide error, said His Worship, the defendant paid the fee demanded and had a license label on its face there should be no penalty imposed. Defendant, however, would have to pay the Court costs amounting to 7s. “It follows, however,” added Mr. Walker, “that if defendant does not pay the balance of the fee, and a further information is laid and supported for using the vehicle after this decision is given, different consideration will apply. ’ ’