UNREGISTERED VAN

Timaru Herald, Volume CXXV, Issue 18541, 11 April 1930, Page 4

UNREGISTERED VAN

CHARGE AGAINST MOTOR DEALER. MAGISTRATE'S RESERVED DECISION. At yesterday's sitting of the Timaru Magistrate's Court, Mr C. R. OrrWalker, S.M.. gave reserved judgment in a case in which John Sheehan was charged that, on December 11, 1929, he did knowingly permit a motor vehicle to be used in a public place, a license to use such vehicle not having been issued and remaining in force. The Magistrate said that defendant was charged with knowingly permitting an unlicensed car to be used in a street. He had admitted the facts. Defendant was the manager of a motor dealing company, and having sold a car to a certain butcher, lent the butcher an unregistered second- | hand motor van to use as a butcher’s \ delivery van until the car that had been purchased had had a body built cn it. The butcher was driving the borrowed van on his business on the day in question, with the permission, of course, of the defendant. The borrowed van was stated to be one kept by the defendant’s company for use in connection with its business as a dealer in cars. The defendant’s demonstration plates were on the van whilst it was being used by the butcher. The Magistrate stated that the charge was laid under Section 3 of the Motor Vehicles Act, 1924, which provided that, except as specially provided in the Act, no person shall knowingly use any motor vehicle on any street or road, or permit any motor vehicle to be so used, unless such vehicle was registered and a license to use it was in force. “It is clear, therefore,” said the Magistrate, “that as the defendant admits he knowingly permitted the unregistered vehicle to be used by the butcher, in the street, he must be convicted of the offence charged, unless he can bring himself under some exemption provided in the Act. He seeks to bring himself under the exemption contained in Section 18, which, as amended, now provides that any manufacturer or dealer in motor vehicles may use any unregistered motor vehicle on any road or street, if (a) The vehicle is held only for the purposees of sale or for the purposes of the business of the owner as a manufacturer of, or dealer in motor vehicles, and (b) the vehicle has what is known as D plates attached. I am satisfied that defendant does not escape under the provisions of Section 18. That section authorises the manufacturer or dealer (which, of course, would include his servant) to use such an unregistered car, and the Section says nothing about permitting some third party to use it. If the legislation so intended, it could easily have said that any dealer in motor vehicles may use, or permit to be used, any such car. I believe the defendant, in good faith, believed he was in order in lending the van to the butcher, and I will therefore only enter a conviction, and ordered him to pay Court costs, 10/-.

Mr J. Emslie, who appeared for Sheehan, asked leave to appeal. The Magistrate said that the case was only a question of law, and he would make the usual appeal costs, £7/7/-. “Of course,” said the Magistrate,” if you wish to make an appeal on the facts, I can make the fine £5.” Mr Emslie: “No, I don’t think I’ll take the risk.”