Greutner v Everard [1960] HCA 33

Greutner v Everard [1960] HCA 33

Traffic laws of general application, such as those limiting the permissible dimensions of vehicles on the roads for safety and proper management, are not invalid under s. 92 of the Constitution provided they are not shown to be truly prohibitory or restrictive of inter-State trade and commerce. The laws in question were directed to the safe and orderly use of roads and imposed no greater restriction on inter-State transactions than on intra-State transactions; therefore, they did not contravene s. 92.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
['section 92 of the Constitution' 'inter State Trade and Commerce' 'road Traffic Regulation' 'motor Vehicle Dimensions' 'statutory Interpretation']
['constitutional Law'] ['section 92 of the Constitution' 'inter State Trade and Commerce' 'road Traffic Regulation' 'motor Vehicle Dimensions' 'statutory Interpretation']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether restrictions on the height and length of vehicles imposed by the Victorian Motor Car Act infringe the freedom of inter-State trade, commerce and intercourse protected by s 92 of the Australian Constitution.']

Ratio Decidendi

Traffic laws of general application, such as those limiting the permissible dimensions of vehicles on the roads for safety and proper management, are not invalid under s. 92 of the Constitution provided they are not shown to be truly prohibitory or restrictive of inter-State trade and commerce. The laws in question were directed to the safe and orderly use of roads and imposed no greater restriction on inter-State transactions than on intra-State transactions; therefore, they did not contravene s. 92.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed with costs']