MOTOR CARAVAN.

Otago Daily Times, Issue 20320, 31 January 1928, Page 4

MOTOR CARAVAN.

FOR CARTING BENZINE.

A COMMERCIAL VEHICLE?

The question whether a motor caravan, used on only one or two clays in a year for convoying supplies to a farm, comes under t!i..> regulations governing motor lorries occupied in commercial enterprises, and should have a license accordingly, was argued at some length in the Magistrate s Court at Chrislhurch on Friday before Mr E. D. Mosley, R.M., who reserved his decision.

Frederick William .Johnston, lawyer, of Christchurch, was charged with permitting the use of a motor lorry that was unlicensed, and pleaded not guilty. Mr R. J. Loughnaii. city solicitor, who piosecmted for the City Council, stated that the dispute was a neat point of law raised by the defendant. The facts were admitted. The vehicle was carrying benzine intended to he used on defendant’s farm. “Mr Johnston is not content with Ids legal yams, b’d runs a farm as a further outlet for his energy," said Mr Lo'.igl'n:n.

“ Yes, i I’ke to he a producer.” rejoined Vr Johnston The vehicle and driver, he said, weighed just over two tons.

Mr Loughnan said it was contended that the vehicle, which was not licensed, was a motor lurry, and ns such reonired a license. The point was whether it was used for commercial purposes. Mr Johns (on referred to a report of a recent Timaru case, in which the Utvough Council proceeded against the Power Foard, which used lorries to cart material Unc of the turiiu factors was that the articles were not for resale. Mr Justice Adams had ruled that the venture was not a commercial one, as there had born no profits iu the ordinary sense. He contended that in his there was no com mercial venture. If a doctor had a ncavy car and was attending country cases, faking with him nurses and Perhaps a fel’o'.v-doctor, bringing the weh-lit cf the vehicle to over two tons, could it b? said that because there was the e’ement of profit it was a commercial undertaking ? .Mr Mo-dev; I doubt if it could.

Mr Johnston added that the vehicle in question was used for caravam'ng. and was used perhans twice a year by bis son for takiii" supplies to the farm. In reply to the Magistrate. Mr Loughnan said that it did not matter if the vehic’e was nsed one day in He year or 3h5 days. There was no difference, lie -said, hef ween carting benzine to a farm and carting wheat to a mill and flour from it. There w?s a profit in each case, and in each capital was emp 'oved. Mr Mosley said that during the last 25 years the term “ commerce " had been vastly extended, and he must accept that extension as fact applicable to the laws of to-day. However, he would give his decision later on.