COUNTY ROAD DAMAGED.

New Zealand Herald, Volume LXII, Issue 19119, 10 September 1925, Page 10

COUNTY ROAD DAMAGED.

FORBIDDEN HEAVY TRAFFIC.

COUNCIL TAKES PROCEEDINGS.

CONTRACTORS TO PAY OVER £7O

[by telegraph.—own correspondent.] PUKEKOHE, Wednesday.

Proceedings under the heavy traffic law were taken in the Pukekohe Magistrate's Court to-day by the Franklin County Council (Mr. Hanna) against' Pierre Louis Guillard, quarry contractor, Papakura, and D. R. Bainbridge, carrier, of Manurewa, for conducting extraordinary traffic, in the forcm of carriage of road metal by motor-lorry, over the Hunua Gorge Road during June and July last. The council claimed £IOO damages from Guillard, and entered two counts of breach of the county by-laws against Bainbridge. It was stated that the lorry used was a three-ton vehicle and its load weighed tons. Although Guillard! himself did not do the carting, it was sot out that the work was done on his behalf and ho was therefore responsible. Counsel for the defendants, Mr. Rice, entered a plea of guilty to the charges against Bainbridge, who was fined £5 and costs, £4 18s, while in the claim against Guillard it was announced that each party had appointed an engineer to assess and agree as to the amount in damages to be paid. The engineers' award was for £67, and the magistrate, Mr. W. R. McKean, accordingly entered judgment for the County Council for this amount.

Mr. Hanna stated that the county had to enforce the principle that before using the roads for heavy traffic lorry owners must make arrangements with the council for security against any damage. The council had absolute power as to whether it would allow traffic on its roads during winter months carrying loads of over two tons.

Mr. Rice contended that the council was to blame to some extent. It had led Guillard on in the matter of an arrangement for security, but had then dropped him and instituted proceedings. Mr. Hanna: They wanted him to enter into a bond, but he did not so, saying ho had done so with another county council and had not got the money back. Mr. Rice Perhaps ho did not have the money then for a bond for the Frani:lin Council. Mr. Hanna added that it was not till the council applied for an injunction of the Supreme Court that the carting ceased. The council had warned Bainbridge beforehand, but Guillard told Bainbridge to continue. Guillard was supplying the metal to the Papakura Town Board, but this fact could not be allowed to influence the council, which had its own ratepayers to consider. The council did not wish to be harsh, and would purchase metal for repair of the road from Guillard to help him reimburse himself.