HC Deb 10 November 1937 vol 328 c1782W
Mr. Maxwell

asked the Minister of Transport whether, in view of the recent High Court decision restricting the speed of utility cars to 30 miles per hour, he will consider taking the necessary steps to permit of these vehicles being treated and licensed as cars for private use?

Mr. Burgin

I see no sufficient reason for asking Parliament to alter the provisions of section 14 of the Finance Act, 1922, under which a vehicle used at times for the carriage of goods (whether in the course of trade or privately) and at times for the carriage of passengers is liable to Excise Duty at whichever of the two rates is the higher for the particular vehicle

Mr. Storey

asked the Minister of Transport whether he has considered the judgment in the appeal by case stated from a decision of Essex justices of Hubbard v. Messenger; and whether he intends to take steps to free utility cars from the 30-mile-per-hour speed limit imposed upon goods vehicles under Schedule I of the Road Traffic Act, 1934, when used solely for the carriage of passengers and their effects?

Mr. Burgin

I have considered this judgment. I am advised that if a vehicle of this type were so altered as to be no longer suitable for the carriage of goods, but only for that of passengers and their effects, it would no longer be subject to a speed limit as a goods vehicle. It obviously would not be practicable to enforce a speed limit which depended upon what a particular vehicle was carrying inside it upon a particular journey—this must depend more on the purpose for which the vehicle is constructed.