DAMAGE TO STREETS.

New Zealand Herald, Volume LXII, Issue 19103, 22 August 1925, Page 14

DAMAGE TO STREETS.

TRACTOR-DRIVER CHARGED.

QUESTION OF DEFINITION,

THE MOTOR VEHICLES ACT. Tile question whether a motor-tractor can be classed as a vehicle was raised in the Magistrate's Court yesterday during the hearing of an unusual case in which Walter Archer (Mr. Hall Skelton) was charged with driving a one-ton tractor through Shackleton and Calgary Streets, Mount Eden, without a license and causing damage to the surfaces.

Mr. Terry, for the Mount Eden Borough Council, said Archer was the owner of a one-ton-tractor and drove it for a distance of 96 chains in the streets mentioned. The information was laid under the Motor Vehicles Act and the Municipal Corporations Act. Indentations about 66m. wide and 3in. deep were made in the roads. The Boiough Council had brought the case as a warning to other owners, as considerable damage had been done by vehicles similar to that owned oy defendant.

Evidence was given by the borough traiftc inspector, who said he traced tlie whcei-mai'Ks to delcndant's house fiv ; e days alter he had driven along the roads in question.

Mi 1 . Hall Skelton contended that the ti actor could not bo classed as a vehicle under tho Act, which made it a machino. Webster, defined a vehicle as anything in which any poison or thing is or may bo carried, such as a carriage, waggoni etc. ihis meant specifically a conveyance. Tho ti actor was not a conveyance and was not included in the English Act. The case would bo different, however, were a trailer attached. As far as damage to tho roads was concerned counsel declared it was impossible to make such, marks on a bitumen surface as alleged. Defendent took his tractor to a repair shop, and on the way went through the streets in question. He had often gone through other boroughs without complaint. Witnesses who were called for tho defence stated the marks were hardly distinguishable.

Mr. Terry said the case was of great importance to local bodies and had a very far-reaching effect. The Magistrate, Mr. Poynton: It will probably lead to an amendment of the Act. It means at present that every time a man wants to get his vehicle repaiied or take it from his work to his home, he must have a license.

Mr. Terry said a motor-vehiclo was one propelled by mechanical power. That, on the authority of the Motor Vehicles Aci, included every motor mechanical veh.cle except those running on rails. The question was really whetner defendant did or did not cause the damage, no matter how it was done. Mr. Hall Skelton said the case revolved round the definition of the word vehicle. Decision was reserved.