Pioneer Express Pty Ltd v South Australia [1957] HCA 63

99 C.L.R.] OF AUSTRALIA.

(HIGH COURT OF AUSTRALIA.)

PIONEER EXPRESS PROPRIETARY LIMITED Pha = AND ANOTHER z 3 LAINTIFF:

AND

THE STATE OF SOUTH AUSTRALIA ANDY). ceas, GIT ¢ ot gaa! ot enue eas p ic

EDMUND T. LENNON PROPRIETARY LIMITED Praiytirr;

AND

THE STATE OF SOUTH AUSTRALIA AND D OTHERS i /EFENDANTS.

EDMUND T. LENNON PROPRIETARY LIMITED Puarntirr; AND

THE STATE OF SOUTH AUSTRALIA AND

OTHERS . * Lpmrespars

Constitutional Law (Cth.)—Freedom of inter-State trade commerce and intercourse— State statute—Validity—Imposition of charges on basis of tare weight of vehicle and mileage—'Reasonable charge" for use of roads—Power to make—Ascer- tainment—No formula laid down—Unregistered motor vehicle—Driving on State roads—Prohibition—Registration for six months or twelve months—Appli- cation to vehicles used exclusively for purposes of inter-State trade—Amending regulations—The Constitution (63 & 64 Vict. c. 12), 8. 92—Road Traffic Act 1934-1955 (S.A.)—Road and Railway Transport Act 1930-1956 (S.A.), ss. 27f to 21q¢—Road Traffic Act Regulations (S.A.), regs. 41, 42, as amended.

H.C. or A.

1957. —

SyDNEY, Aug. 14, 15; Sept. 30.

Dixon C.J. MeTiernan, Williams, Webb, Kitto and Taylor JJ.

H.C. or A.

1957. i,

PIONEER Express Pry. Lrp. v

THE Srare oF Sourn

AUSTRALIA.

HIGH COURT [1951

Under the Road Traffic Act 1934-1955 (S.A.) and regulations made thereund motor vehicles driven on roads in South Australia must be registered, An option is given to register for six or for twelve months. The fees to be paid upon registration of commercial vehicles are calculated upon weight and horse. power and amount to large sums. Motor vehicles owned by a resident of any of the other States or of the Territories of the Commonwealth are exempted _ except motor vehicles the unladen weight of which is two and one-half tons or more and trailers the unladen weight of which is one ton or more. In Nilson v. State of South Australia (1955) 93 C.L.R. 292, this exception was held to be invalid in so far as it purported to apply to vehicles engaged in inter- State trade commerce and intercourse but the provision was not repealed.