The opinion of the court was delivered by: BRUCHHAUSEN
The defendant, Joralemon Brothers, Inc., is charged in an eight count Information with violations of 49 U.S.C.A. § 322(a), part of the Interstate Commerce Act, applicable to motor carriers.
The defendant is engaged in the transportation business, specializing in the carriage of cast iron pipe, manufactured in New Jersey, to points in New York State and elsewhere.
The said statute, insofar as applicable, provides that
'Any person knowingly and willfully violating * * * any * * * regulation (duly adopted, pursuant to said Act)' shall be guilty of an offense.
Counts one to five, inclusive, pertain to five separate violations, affecting the same motor vehicle truck tractor number 76, discovered by a road inspection conducted on April 25, 1957, viz.:
1. Loose and dangling electric wires.
2. Fire extinguisher not properly filled.
3. Lack of an audible or visible warning signal to indicate to the driver any loss or lack of air sufficient to prevent said truck tractor from being stopped.
4. Failure to equip the vehicle with an operative speedometer or tachometer.
5. Failure to secure brake hoses against chafing, kinking or other mechanical injury.
Count six pertains to a violation affecting truck tractor number FH 253, discovered by a road inspection also conducted on April 25, 1957, viz.:
Failure to secure brake hoses against chafing, kinking or other mechanical injury.
Counts seven and eight pertain to two separate violations, affecting the same motor vehicle, semitrailer 65, discovered by a road inspection ...