NOT A "PERSON"

Wanganui Chronicle, Volume 77, Issue 151, 28 June 1934, Page 6

NOT A "PERSON"

DEAD BODY AND THE LAW CLASSIFICATION OF A HEAKSB. HEAVY TRAFFIC LICENSE. I Per Press Association. J AUCKLAND, June 27. A decision that a hearse came under the regulations of the .Motor .Vehicles Act 1924, and that a dead body could not be considered to be a person within the meaning of the Act, was given by - i. -McKean, S.M., iu the Magistrate s Court, ill delivering reserved Judgment in the case in which the Auckland City Council prosecuted Michael McCarthy, undertaker, of Avondale. Defendant was charged with having operated a heavy trarf.e motor vehicle—a motorhearse—along Manukau Koad without having a heavy traffic license. Mr. Clarke, who appeared Tor defendant at the hearing, raised the point ai to whether a motor-hearse came withii the meaning of the heavy traffic regulations. He contended that it was in the nature of a private motor-car or vehicle. In giving judgment, Mr. McKean said that under the Motor Vehicles Art a mc-tor-car was defined as a motor vehicle, other than a motor-eyc»e, designed solely or principally for the carriage of persons not exceeding nine in number. The magistrate added that he thought a certain amount c-f common sense had to be exercised. A hearse was not designed '"soiey or principally for the carriage of persons. A dead person ceased to be a “person” in the eyes of the law, and while it was true that a nearse incidentally carried two persons, tt was not “solely or principally” for the carriage of persons, and was therefore liable to traffic fees. The magistrate imposed a fine of £5. Mr. Clarke then said that the defendant was only in a small way of business, and the prosecution was really in the nature of a test case. Mr. McKean said that in view of the fact that defendant was in a small way, he would reduce the flne from £5 to £l. and costs 10s. “If there are any more of these rases, the lines will be more substantial,” added Mr McKean.