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State v. Olean Transportation Corp.

Decided: February 16, 1956.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
OLEAN TRANSPORTATION CORP., A CORPORATION OF NEW YORK, DEFENDANT-APPELLANT. COMPLAINT NO. 350985. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, V. OLEAN TRANSPORTATION CORP., A CORPORATION OF NEW YORK, DEFENDANT-APPELLANT. COMPLAINT NO. 350984. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, V. H.W. TAYNTON CO., INC., A CORPORATION OF PENNSYLVANIA, DEFENDANT-APPELLANT. COMPLAINT NO. 379381



On appeal from Wayne Township Municipal Court.

Collester, J.c.c.

Collester

The three above-entitled actions have been consolidated for the purpose of appeal from judgments of conviction rendered by the Wayne Township Municipal Court for violation of N.J.S.A. 39:3-84.3.

The pertinent facts were presented to this court upon a stipulation. The defendant H.W. Taynton Co., Inc., is a Pennsylvania corporation with its principal office located in Wellsboro, Pennsylvania. The defendant Olean Transportation Corp. is a New York corporation with its principal office located at Elmira Heights, New York.

Two of the alleged violations occurred on July 25, 1955 and the third on August 16, 1955.

On such dates the vehicles involved were en route from New York City to destinations in Pennsylvania. The vehicles consisted of a combination tractor and semi-trailer. The defendant H.W. Taynton Co., Inc., was the owner of each of the trailers which were properly registered and licensed under the laws of Pennsylvania. Two of the tractors involved were owned by the defendant Olean Transportation Corp. and were properly registered and licensed under the laws of New York. These two trailers were leased to the defendant H.W. Taynton Co., Inc. The third tractor was owned by H.W. Taynton Co., Inc., and was also properly registered and licensed under the laws of New York.

On the aforesaid dates the tractor-trailer vehicles were stopped by police while operating on the public highway in Wayne Township, New Jersey and taken to a nearby scale and weighed.

A comparison of the actual gross weight of the combination tractor-trailer was made with the maximum weights set forth in the respective certificates of registration issued for the tractor and trailer and resulted in charges of violation of N.J.S.A. 39:3-84.3. The specific charge was that the gross weights of the tractor and trailer exceeded that provided on the certificate of registration for each vehicle, and at a hearing before the municipal court defendants were found guilty and fines were imposed.

It is conceded that the State of New Jersey does not require these vehicles to be registered in New Jersey.

The difficulty in these cases results from lack of uniform requirements among the several states in licensing vehicles of this type.

N.J.S.A. 39:3-20 provides the method of registration and payment of the required fee for New Jersey licensed vehicles of this type. The registration fee is based upon the "gross weight of the ...


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