HEAVY TRAFFIC FEES

New Zealand Times, Volume LIII, Issue 12404, 25 March 1926, Page 6

HEAVY TRAFFIC FEES

REGULATIONS OVERRIDE BY-LAW EXEMPTIONS OF FARMERS’ LORRIES CASE BEFORE MAGISTRATE The question as to whether farmers and market-gardeners who drive their motor-lorries along the Hutt road are exempt by the Wellington City Council’s by-law from the payment of the heavy traffic fees demanded by the motor-lorry regulations, was submitted for the judgment of Mr C. R. OrrWalker, S.M., yesterday morning, when Henry Chittock, market-garden-er, of Lower Hutt, was charged with failing to pay his heavy traffic fee. The by-law in question exempts from payment of the fees all vehicles engaged in farm work or in transporting farm produce. Mr J. Lockie represented the City Council, w’hile Mr L. H. Herd appeared for the defendant market-garden-er. “LORRY USED COMMERCIALLY" “I have no hesitation in deciding that the lorry in queston was used commercially, and that the by-law providing exemption is overridden by the regulations,” remarked Mr C. R. Onv Walker, S.M., in giving judgment, after the hearing of lengthy legal argument. “Mr Herd has contended that the council was prevented from bringing an action in face of the exemption of the by-law,” remarked His Worship; although it appeared strange that the local bodies who had the care of the roads, and who had by the exemption in the by-law, given as their opinion that this class of lorry should be exempted, should have the power to give effect to this. However, this was the case.

“The remedy liesMn approaching the Government to obtain an amendment in the regulations,” said His Worship, “also the collection of fees could he enforced by the Government.” His Worship convicted defendant and ordered him to pay costs only.