Uninsured Lorry : Appeal " Hopeless "
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" THIS is a hopeless appeal," said the Lord Chief Justice (Lord Goddard) in the King's Bench Divisional Court, last week, in dismissing an appeal by Ernest Johnson, a lorry driver, of Norton, Durham, who was fined and had his licence suspended for 12 months
by Stockton-on-Tees magistrates for driving an uninsured lorry.
He challenged the decision of the Durham Quarter Sessions, dismissing his appeal against the suspension order.
According to the case stated by the Appeal Committee of the Quarter Sessions, Johnson's employer had a policy of insurance for the lorry, and under it Johnson was permitted to park the vehicle near his home after he had finished work. He was intercepted by the police a quarter of a mile from his direct route home, and stated that he was giving a lift to a man who had missed his bus. Johnson was an esprisoner of war in Germany and had a good character.
Mr. J. A. T. Hanlon submitted that Johnson was covered by the policy and there were special circumstances justifying the removal of the suspension order.
Lord Goddard: "He pleaded guilty to driving an uninsured vehicle. Instead of using the lorry on his employers' business he went on a frolic of his own."
Without. calling on counsel for the police, Lord Goddard said he did not propose giving any judgment, as the appeal was hopeless. Justices Hilbery and Birkett concurred.