Divisional Court Cases
| Published date | 01 April 1964 |
| Date | 01 April 1964 |
| DOI | http://doi.org/10.1177/002201836402800204 |
| Subject Matter | Article |
Divisional Court Cases
'KEEPING'
AVEHICLE ON A ROAD
Dudley v. Holland
THE above case (The Times 18 October 1963) raised
the
question whether amotor-car dealer is entitled to park
un-
licensed vehicles temporarily on
the
public highway.
The
ans-
wer appears to be
that
he may do so
but
only on isolated
occasions.
The
facts giving rise to this question were
that
the
defendant was charged before Surrey justices sitting at
Wimbledon magistrates'
court
with unlawfully 'keeping' a
motor
vehicle on a public road without alicense being in force
contrary to s. 7 of
the
Vehicles (Excise) Act 1962.
The
justices
convicted
the
defendant who appealed by case stated.
In
their
statement of
the
case
the
justices found
that
on
the
17
May
1962 a police officer saw a motor-car stationary
and
unattended
in
the
carriageway of
the
Broadway, Wimbledon.
No
excise
licence was affixed to
the
vehicle.
The
defendant, who was a
motor-car dealer, admitted
that
he was
the
owner of
the
motor-
car
and
that
it was unlicensed.
The
justices further found
that
earlier on
that
day
the
vehicle
had
been offered for sale in
the
defendant's showrooms
but
that
it was subsequently removed
therefrom
and
placed in
the
road while
the
showrooms were
being re-arranged.
On
the
17 October 1963
the
appeal came before aDivi-
sional
Court
consisting of
Lord
Parker C.}., Ashworth
and
Hinchcliffe
JJ.
who allowed
the
appeal for reasons stated by
Lord
Parker.
His
Lordship after stating
the
facts above summarised
said
that
the
question for
the
Court
was whether
the
justices
had
put
acorrect construction on
the
word 'keeps' in s. 7 of
the
Vehicles (Excise) Act 1962.
In
this connection it was necessary
to bear in
mind
that
this
was a statute dealing with taxation
and
not
with
road safety as does
the
Road Traffic Act 1960.
In
the
latter case leaving avehicle in a particular place might result
in
danger
to
the
public.
The
proper
approach to this question
87
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