MOTOR LORRY BY=LAWS.

Hawera & Normanby Star, Volume XLII, Issue XLII, 18 July 1923, Page 4

MOTOR LORRY BY=LAWS.

INTERESTING TO LOCAL BODIES,

A judgment of great interest to local bodies was delivered recently in Invercargill by' Mr. Justice Sim, on the motion to have amending by-laws in respect to moter-lorry traffic recently passed by the Southland County Couni Cll Qu^ed- In support of the motion ;an affidavit filed by a carrier stated that the greater part of his carrying was done in Invercargill prior to the by-law introduced by the County Coun.' cil at the end of last year, his license fee amounting to £20, but now he paid £40. It was claimed that the fees were excessive, unreasonable, and unequal, and oppressive in operation. The chairman of the County Council stated that the council had given the matter careful consideration, in view of the additional burden of. cost on the ratepayers by the council having to ( expend large additional sums in main- . taming and repairing roads dantaged by motor lorry traffic. . The revenuederived from these fees was considered by the council to fall far short of the amount required for repairs. In his judgment Justice Sim pointed out that the evidence had not been contradicted that the annual expendi-i ture on maintaining and repairing the1 county roads made necesßary by motor traffic was many times greater than I would be the total annual receipts. Re- ! garding the payment of the fee being unequal and oppressive, he stnted. that the Act provided for a yearly license fee on any vehicle engaged in heavy . traffic. The payment confers the right Jto us© the particular motor lorry in I respect of which it was paid for a whole year on the roads of the local authority, and it rested entirely on the owners whether or not they exerf cised that right. In conclusion he stated: "I think, therefore; that the applicant has failed to establish that the by-law is invalid, and the motion is dismissed* with costs £5 to the council."-