UNREASONABLE

New Zealand Times, Volume L, Issue 11438, 7 February 1923, Page 3

UNREASONABLE

A TRAFFIC BY-LAW SEQUEL TO UPPER HUTT TOWN BOARD’S ACTION. “TOO WIDE AND SWEEPING.’’ Mr F. K. Hunt, S.M., yesterday delivered his decision that a traffic bylaw made by the Upper Hutt Town Board was unreasonable. In this case the parties were T. Lodge, for the Town Board, and J. Campbell and Co. (defendants) The action consisted of ten charges against them for using motor vehicles over the Upper Hutt road without registration. The defendant company had taken a contract to deliver timber for the Public Works Department at Akatarawa. They had for this purpose four motor wagons, each capable of carrying over five tons. These wagons, to reach Akatarawa, had to pass through the Upper Hutt town board district, and the informations were laid against the defendant company for using their wagons on the Slain road. Upper Hutt, without first being duly licensed by the Town Board. These came under section 25 of the Heavy, Exceptional and other Traffic By-Law, 1919, which was made by the Upper liutt Town Board, and which prohibited the use of a lorry upon the district roads unless licensed. The license fee prescribed was _£s per annum for the class of wagon in question.

The main road from the city to the Wairarapa was through the Upper Hutt town district, and the by-law was made under section 344 of the Municipal Corporations) Act, 1908, which enabled the local authorities to make a by-law /‘regulating, controlling, and prohibiting exceptional or heavy traffic on streets, and prescribing payments) in respect of this traffic.” ‘‘By-laws affecting the use of the high roads by the public are to be carefully' scrutinised,” was the opinion of His Worship. “The question to he answered in this case is: Is the by-law a reasonable one? This by-law demands that every motor wagon whatever its weight should pay a license fee before it uses any road in the dis trict, either a high road or a side road. Even if the wagon passes only once a license fee must be paid.” The public interests were protected under the empowering Act, went on the magistrate, because the Minister for Public Works must peruse the bylaws made. No by-law could be made under the Act, however, to meet the case of casual heavy traffic. The Town Board had altered the Act to tax every motor vehicle, except a private car, and in his opinion had exceeded their power. . “It is too wide and sweeping, and is unreasonable, as is. also the fee of £5 for, perhaps, one journey over the road,” said His Worship finally, and entered judgment for the defendant with costs £3 3s. At the hearing Air E. Hay appeared for the prosecution, and Air W. B. Rainey for the defendant company.