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 proceedi