Page v King [1912] HCA 2

13 C,L.R.] OF AUSTRALIA.

Solicitors, for the appellants, Dobson, Mitchell & Allport. Solicitors, for the respondent, Simmons, Crisp & Simmons.

B. L. [HIGH COURT OF AUSTRALIA.] PAGE . 2 a ' ' i , . APPELLANT; INFORMANT, AND KING . E , " A B : F . RESPONDENT. DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF TASMANIA,

By-law—Validity— Width of tyres—Width prescribed with respect to weight of load carried—Standard for ascertaining weights by measurement—Local Govern- ment Act 1906 (Tas.) (6 Edw. VII. No. 51), sec. 205 (13), Pl. 6.

A by-law made by a municipal council and purporting to be in pursuance of sec. 205 (13), Pl. 6 of the Local Government Act 1906 prescribed the width of tyres of wheels of vehicles with respect to the weight of the load carried, and also a standard for ascertaining weights by measurement.

Held, on the terms of the by-law, that the intention was that the weight should be ascertained by the standard alone, and therefore, that the part of the by-law prescribing the standard was not severable from the rest of the by-law.

Heid, also, that the prescribing of such a standard was not authorized by the Local Government Act 1906, and that the whole by-law was invalid,

Decision of the Supreme Court of Tasmania (Dodds C.J.) affirmed.

Appeat from the Supreme Court of Tasmania.

H.C. or A, 1912,

Davies Bros. Lrp,

Bonp.

H.C. of A.

1912, —

Hopart. Feb. 21.

Griffith C.J., Barton and. Isaacs JJ.

H.C. oF A. 1912, Pace v Kine.

HIGH COURT [1912.

At the Court of Petty Sessions at Launceston an information was heard whereby W. King was charged for that he "did on 28th January 1911, at Hobbler's Bridge Road, Newstead, in the municipality of St. Leonards, drive and use a vehicle, to wit, a timber truck or waggon on four wheels, so laden that each of the tyres of the said four wheels was then carrying a weight (exclusive of the weight of the said vehicle) of more than 400 pounds per inch contrary to the provisions of by-law No. 7, r. 2, passed by the council of the said municipality. The by-law referred to purported to be made pursuant to the Local Govern- ment Act 1906 and provided as follows :—*2. The width of the tyre of every wheel of any vehicle used upon any road in the municipality of St. Leonards shall be of the following dimensions ; that is to say :—Such tyre shall be of the width of one inch for every 400 lbs. weight or part thereof carried upon the wheel, and exclusive of the weight of the vehicle ; for example, a two-wheeled vehicle with 24 inch tyres may carry a total weight of 2,000 lbs. being 400 lbs. for every inch of tyre, and proportionately with four-wheeled vehicles. The following shall be the standard weights and measurements for the purpose of determining loads carried on the roads in all kinds of two and four-whecled vehicles; and every person who is guilty of any breach of this rule shall for every offence incur a penalty not exceeding Five Pounds: