In the Irish Courts
| Date | 01 October 1965 |
| Published date | 01 October 1965 |
| DOI | 10.1177/002201836502900407 |
| Subject Matter | Article |
In the Irish Courts
COURT
OF
APPEAL
IN
NORTHERN
IRELAND
WHAT IS A PRIVATE MOTOR CAR?
Spiers v. Wilson
ON his conviction of failing to report an accident resulting
in injury to the person, contrary to s. 50 of the Road
Traffic Act (Northern Ireland), 1955, the defendant in Spiers
e. Wilson(1965,
N./.
1)was fined and disqualified from holding
adriving licence for twelve months. As the offence related to
a private motor-car, the court exercised its discretion under
the proviso to s. 57 (1) of the Act' and limited the disqualifica-
tion to "holding and obtaining a licence to drive a private
motor-car".
The
defendant bought an estate car, which he
registered and taxed as a goods vehicle. When driving it for
private purposes within the period of his disqualification, he
was stopped by the police and charged with driving while
disqualified.
The
registration book described the car as an
"estate car" and as a "goods vehicle". Since it was adapted
for the carriage of goods
but
could nevertheless be used for
"social" purposes, it was a "dual purpose" vehicle, within
s. 9 of the Act.
The
magistrate, holding that a goods vehicle is
not a private motor-car, dismissed the charges of driving while
disqualified and driving without a certificate of insurance,
but
stated a case for the opinion of the Court of Appeal.
Lord MacDermott C.]. pointed out that the estate car was
undoubtedly a goods vehicle (i.e.
"a
motor-car constructed or
adapted for use for the carriage of goods") and accepted the
decision in Taylor v. Thompson (1956, 1 W.L.R. 167;
20
J.C.L. 149) that it was no less a goods vehicle by reason of the
fact that it was also constructed or adapted for the carriage of
passengers.
It
is clear that both are motor-cars (i.e. "mechani-
cally propelled vehicles . . . constructed themselves to carry a
1
The
proviso enacts
that
"if
the
Court
thinks fit, any disqualification imposed
under
this section may be limited to
the
driving of a
motor
vehicle of the same class
or
description as
the
vehicle in relation to which
the
offence was
committed."
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