FARM LORRIES

Hauraki Plains Gazette, Volume 48, Issue 2863, 15 November 1939, Page 5

FARM LORRIES

HEAVY TRAFFIC FEES LEGAL OPINION OBTAINED BREACH OF REGULATIONS For some . months past the question whether heavy traffic licence fees can be charged on farmers’ lorries has provided farmers with a debatable subject. The New Zealand Counties Association has now taken the matter up and the following opinion has been expressed by the association’s solicitor:— Case

The question asked is whether in view of instructions given by the department to its inspectors not to enforce the payment of heavy traffic fees in respect of farmers’ lorries, the Council can legally refrain from carrying out the regulations in this behalf.

A further question asked is whether, assuming such an action on the part of the Council is legal, insurance on a farmer’s lorry would be affected in the event of the same being' involved in an accident, and what, if any, would be the liability in such case of (a) the driver, (b) the owner?. Opinion 1. Whatever may be the attitude of the department on this matter, the council, in my opinion, is under a legal liability to carry out the regulations in respect of heavy traffic licences and has no power thereunder to exempt any vehicle. It must be remembered that the licensing authority does not receive these fees for' its own benefit alone, as the same are apportioned between all the local authorities in the highway district, so that the omission to collect fees would be not only a breach of the regulations, but also a breach of its duty with regard to the other local authorities participating 4 in the apportionment.

2. Whatever attitude the department’s inspectors may take is no concern of the council, but if the latter desists. from collecting fees on direct instructions from the department, then, of course, the department could not proceed against the council.

3. If, it is desired to exempt farmers’ lorries, the proper method to pursue is for the department to have the Act and regulations amended so as to exclude farmers’ Jorries from the definition of “heavy motorvehicle.”

4. I have therefore to advise that the council should carry out its duties as licensing authority in strict accordance with the .regulations.

5. If the council takes no steps to collect fees on these vehicles, and one of them is> involved in. an accident, the insurance in respect of such vehicle would not, in my opinion, be affected in any way, as the purpose of the imposition of heavy traffic fees is to make good to local authorities the expense incurred by the wear and tear on the roads caused by heavy traffic and not to ensure that vehicles are in a safe condition. Therefore a failure to take out a heavy traffic licence cannot affect the question of insurance, or in any way increase the risk undertaken by the insurer. 6. As the insurance cover would hold good, the liability of the oWner and the driver would not be any different from what it would be if the vehicle was. duly licenced, as the failure to obtain a licence would, not be the direct cause of, the accident. If either of them were negligent and the accident was the direct and natural result of that negligence, then such person would be liable, whether the insurance contract was void or not, and whether the council’s action in not enforcing the regulations was legal or not. “ The opinion is in line with what we are doing and confirms the view the council has taken on the matter,” stated Mr W. Marshall, chairman of the Ohinemuri County Council when the communication was received at Thursday’s meeting of the Council.