JUDGMENT

Ajaib Singh SCJ:

This is a reference under s. 66 of the Courts of Judicature Act 1964. By order of the Supreme Court dated 9 May 1988 the following questions were reserved for determination:

1. Whether a prime mover (which is commonly referred to as a tractor) when used for the carriage of goods solely, is a goods vehicle within the definition of s. 2 of the Road Traffic Ordinance 1958.

2. If the answer to question 1 is in the affirmative, whether a prime mover drawing a semi-trailer is an articulated vehicle as defined by r. 2 of the Motor Vehicles(Construction and Use) Rules 1959 (LN 170/1959);

3. If the answer to question 2 is in the affirmative, whether the prime mover, the trailer and the load ought to be weighed together to determine the laden weight of the articulated vehicle.

4. Whether the maximum permissible laden weight (MPLW) as specified in the condition attached to the trailer's carrier's licence refers to the combined weight of the articulated vehicle and the load of the said vehicle.

The facts leading to this reference may be stated briefly. On 23 June 1980 an officer from the Road Transport Department stopped a tractor drawing a trailer which was proceeding from Ipoh towards Kuala Lumpur. The trailer was loaded with coal. Suspecting that the goods may be overloaded the officer had the tractor and the trailer weighed and found the total weight to be 26 tons 14 cwts and 25 lbs whereas the combined maximum laden weight allowed under the carrier's licences for the tractor and the trailer was 360 cwts(18 tons).

On 29 June 1981 the respondents were charged in the Magistrate's Court, Ipoh as follows:

1st respondent:

That you on 23 June 1980 at about 10 p.m. at Simpang Pulai in the district of Kinta, in the State of Perak, being the driver of Tractor No. AP 8623 drawing Trailer No. T/A 1448. authorised to manager, Central Union Trading & Transport Co. Sdn. Bhd., No. 133, Jalan Pasir Puteh, Ipoh under carrier's licence No. CL 2799, did use the said vehicle in contravention of condition No. 1 attached to the said licence, to wit, you caused a load of 26 tons 14 cwts and 25 lbs or an excess weight of 8 tons 14 cwts 25 lbs from the combined maximum permissible laden weight of 18 tons and that you have thereby committed an offence under s. 120(2) and punishable under the same section of the Road Traffic Ordinance 1958.

2nd respondent:

That you on 23 June 1980 at about 10 p.m. at Simpang Pulai in the district of Perak. being the holder of carrier's Licence No. CL 2799 issued in respect of Tractor No. AP 8623 drawing Trailer No. T/A 1448, did use the said vehicle in contravention of condition No. 1 attached to the said licence, to wit, that the laden weight of the said vehicle was 26 tons, 14 cwts 25 lbs or an excess weight of 8 tons 14 cwts 25 lbs from the combined maximum permissible laden weight of 18 tons and that you have thereby committed an offence under s. 120(2) and punishable under the same section of the Road Traffic Ordinance 1958.

At the end of the prosecution case Counsel for the respondents submitted that the respondents had no case to answer. He said that the Tractor No. AP 8623 was not a"goods vehicle" as defined in the Road Traffic Ordinance. Therefore he submitted that in order to arrive at the laden weight of the goods the tractor should not have been weighed together with the trailer. The learned Magistrate however did not accept this submission and held that the prosecution had made out a prima facie case against the respondents. She accordingly called for the defence. The respondents were convicted after they chose to remain silent and called no witnesses in defence. The 1st respondent was fined RM1,000 in default 4 months imprisonment and the 2nd respondent was fined RM800 in default 2 months' imprisonment.

The respondents appealed and after hearing arguments from both parties the learned Judge allowed the appeal and ordered the fines to be refunded.

In his grounds of judgment the learned Judge said that t