WEIGHT OF METAL LORRY.

New Zealand Herald, Volume LXVI, Issue 20385, 14 October 1929, Page 13

WEIGHT OF METAL LORRY.

"AN AWKWARD POSITION."

PROSECUTION THAT FAILED

[BY TELEGRAPH. —OWN CORRESPONDENT. ] WHANGAREI, Sunday. "This affair has been aired throughout the Dominion. We have been severely for loose administration and it has placed us in an awkward position," said the chairman, Mr. L. Webb, at a meeting of the Whangarei County Council at. the week-end, when the inspector submitted a report concerning proceedings taken in Court against a lorry owner for overloading a metal truck contrary to county regulations, which prescribe that for the winter months no person shall use any vehicle which, with its load, weighs more than four tons.

In the case in question the lorry carried three cubic yards of metal, therefore the total weight was over tons. The owner admitted the offence but pleaded through his solicitor that the county engineer and riding member had given him permission to carry the load complained of. On these grounds the magistrate dismissed the case, with some scathing remarks. Mr. J. A. S. Mackay said he had read tho report and did no't see any evidence of either himself or the engineer having given authority to the contractor for carrying overweight, and until such evidence was forthcoming ho had no statement to make. Tho chairman said no evidence was taken, but tho magistrate relied on what defending counsel confided. The magistrate dismissed the case as trivial, but it could not. be regarded as such by the council, whose inspector found difficulty in gaining convictions. Had Mr. 'Mackav or the engineer been present in Court their testimony that no consent had been given would have changed tho aspect of the case.

The chairman appealed to members to assist the inspector in sheeting home convictions for such offences, which, he said, were rife in the district.

The engineer said he knew that the contractor was using a heavy truck, but he was concentrating on the construction work and never considered for a moment that a breach of tho by-laws was being committed. He certainly had never given his consent to overloading. " It is extremely unfortunate, to say it mildly, that a contractor employed by tho council is allowed to overload, with tho cognisance of the engineer and riding member, even although their permission was not given," said Mr. Elliott. Hp said it made dealing with other offenders difficult.

Mr. Mackay: "A councillor's task is to look after tho roads in his riding and seo that no unnecessary damage is done. The duties of a councillor do not include those of private detective and I do not propose to act in that capacity." The chairman said this did not get away from tho fact that although both the ongineer and Mr. Mackay had acted with the best intentions, tho breach had occurred, and by a county contractor. He wished it cloarly understood that in future tho regulations governing traffic on certain classes of roads between May and the end of September would be strictly adhered to. Any transgressors would be prosecuted, and any request for exemption under special circumstances would have to come before the council.