1926 Present: Dalton J,

BRANCTHA v. PERERA

457-P. C. Ratnapura, 32,337

Motor by-laws-flood declared suitable for lorries under modified conditions-Stated weight-Bus fully loaded and equipped- Vehicles Ordinance, No. 4 of 189G, by-law 35 (2).

Where motor by-laws permit lorries to be driven along certain roads under modified conditions as to weight, an offence is committed whenever a vehicle is used, which, when it is fully loaded and equipped, exceeds the stated weight.

APPEAL from a conviction by the Police Magistrate of Ratnapura. The appellant was charged with driving his bus, which when fully loaded weighed 3 tons 3 cwt. and 3 qr., on the Ratnapura-Avissawella road, which it was alleged was closed to the use of buses and lorries weighing, when fully loaded, over 3 tons under the motor by-laws. It was established that on the occasion in question when the bus was on the road it carried only 14 passengers and that its total weight was only 2 tons 13 cwt. and 3 qr. It was contended that the by-law contemplated an offence being committed only when the actual weight of the vehicle and its load was greater than the stated weight.

H. T. Pere