MOTOR REGULATIONS.

New Zealand Herald, Volume LXIII, Issue 19460, 16 October 1926, Page 16

MOTOR REGULATIONS.

LICENCE FOR A LORRY. MAXIMUM WEIGHT EXCEEDED. EMPLOYER'S RESPONSIBILITY. ' A ruling that an employer is responsible for wrongdoings of his employees under tho motor regulations was given by Mr. W. R. McKean, S.M., in a reserved decision in the Magistrate's Court yesterday. The case was one in which W. Lovett (Mr. Allan Moody) was charged with permitting a lorry to be used without having obtained a licence in accordance with the regulations. It was stated defendant was the owner of a number of lorries, driven by employees. In respect of the lorry which was the subject of the charge, he paid a feo of £l6 and obtained a licence for a lorry in class D, which comprises lorries which, with their maximum load, exceed threo and a-half tons, but do not exceed four tons. This lorry was taken to a weighbridge, where it was found its total weight was four tons five cwt. two quarters. This placed it in class IS, and made it subject to a fee of £2O. Defendant had no personal knowledge of the overloading. For tho defence it was contended tho word "permit" in the regulations implied knowledge on the part of tbe owner, and that defendant had no per. sonal knowledge of the offence, and had instructed his employees as to the loads they were to carry.

"There are numerous decisions under the Licensing Ac| which show the knowledge of a servant is sufficient to justify the conviction of a licensed person who has no personal knowledge of the wrongful act," the magistrate said. "I think the meaning of tho regulation now in question is that the .owner of the lorry must prevent the happening of that which the regulation prohibits. If that be so, then the owner does, within the meaning of the legulation, 'permit' an offence which is committed by his employees." Defendant was fined £2 with costs.