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RIG, AND WHETHER IT QUALIFIES AS A MOTOR VEHICLE
Date | 06 February 2019 |
(1) "In Halisburys Statutes of England, 3rd Edition, Vol. 28 dealing with "Road Traffic Act, 1960." "Intended or adapted for use on roads." It is therein stated that a vehicle is intended for use on roads if a reasonable man looking at it, would say that one of its uses, would be a road use. As a matter of fact, the case of Burns v. Currell (1963) 2 Q.B. 433; (1963) 2 All E.R. 297 also cited at page 921 of the Records and was relied on by the Court below, and in which a "Go-Kart", was held not to be a motor vehicle, was referred to in the above statement on the peculiar case or circumstances of the case, the Court below held that a rig, is not a motor vehicle. This holding, in my respectful view, cannot be right. Firstly, both in the Oxford Advanced Learners Dictionary, 6th Edition and in Collins Cubuild Learners Dictionary Concise Edition, rig is described as a large structure that is used for looking for oils and gas and for taking it out of the ground or the sea. There is the evidence of the P.W.1 that it is a drilling machine which is mounted on a chassis. The DW1 on oath, stated that there must be "Motor Vehicle Insurance for them." That it must be registered with the Motor Licensing Authority. That it must have a road worthiness Certificate (not air or sea certificate). That to be on the road, it must be road worthy. DW1 further testified that there is "a vehicle licence" i.e. a motor vehicle licence. To be on the road, it must be inferred by me, to be able to be "driven by a Driver" (meaning a Motor Driver-not a train Driver). All these solid...
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