References: [1974] RTR 101
Coram: Lord Widgery CJ, Ashworth and Melford Stevenson JJ
Ratio: The prosecutor appealed by case stated from the magistrates acquittal of the respondent under section 8(1) of the Vehicles Excise Act 1971, which provides that a person is liable to a penalty if he keeps on a public road any mechanically propelled vehicle for which a licence is not in force. The respondent had an Austin motor vehicle. He did not have a current tax disk. When, absent its gearbox, the vehicle was left parked on a public highway in Walton with a roller skate under each of the four wheels of the vehicle so that it was totally supported by the skates, and its wheels were not in contact with the road surface, he argued that because the Austin was not in actual contact with the road but was supported on roller skates, its position was analogous to that of being on a trailer. It could not be said that the vehicle was on the road if the roller skates were interposed between the road and the vehicle so that the vehicle was on roller skates, not on the road. Lord Widgery CJ observed, this argument, taken to its logical extent, would mean that if ‘one put a piece of newspaper under each wheel, the vehicle would no longer be on the road and no longer be liable to an excise licence’. He observed: ‘Unfortunately for the defendant, that would not do. It is perfectly clear that it was on the road for present purposes at the time of the alleged offence and I would allow the appeal and send the case back to the justices with a direction to convict.’
The other members of the court agreed.
Statutes: Vehicles Excise Act 1971 8(1)
This case is cited by:
- Cited – Avery v Crown Prosecution Service Admn (Bailii, [2011] EWHC 2388 (Admin))
The defendant had parked his care on a driveway. He left to go drinking. On his return, a neighbour had parked across the foot of the drive obstructing all but pedestrian access. The defendant reversed his car within the driveway but so as to damage . .
(This list may be incomplete)
Last Update: 04 April 2017
Ref: 444944
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