Greutner v Everard

For the reasons I have given in Greutner v. Everard, I consider that s. 32 (1) (d) of the Motor Car Act 1951 Vict., which, without special permit, limits the height of a motor vehicle and load which can be used on any highway to twelve feet six inches, validly applies to the use of a vehicle in the course of inter-State trade. Accordingly, the appellant was correctly convicted of an offence under the sub-section and his appeal against that conviction should be dismissed.

Proper rules for the safety of traffic on roads do not impair freedom of trade, commerce and intercourse. They merely make trade, commerce and intercourse by road possible as part of the normal life of a community governed by law. The States make the traffic rules; and, because there is no absolute standard for limits of speed, size, weight, lights, loads and so forth for vehicles on roads, differing requirements in different States may seem to impede traffic moving across State borders. But limits that are reasonable for the regulation of road traffic - and there is no ground for thinking that those in question here are not - do not contravene s. 92 merely because in other parts of Australia somewhat different limits are prescribed. The matter has been fully dealt with in the judgments of the Chief Justice and the other members of the Court and I agree that these appeals should be dismissed.