CYCLING ON THE FOOTPATHS
A TEST CASE.
A test case with reference to the practice of cycling on the Epsom footpaths was brought before Mr H. W. Brabant, S.M., at the Police Court yesterday afternoon.Some time ago the. Epsom Road Board gave members' of the Auckland Cycle Roads League permission, under certain conditions, to cycle on the footpaths in the Epsom district, and notices to that effect were placed on the lampposts. On the Bth of last month Const. Hollis saw Mr J. B. Macfarlane, a member of the League, cycling on the footpath in Owen's Road. The cyclist, "who was. going at a moderate pace, dismounted before he came up to the policeman, gave his name, and in due course was summoned to appear at the Police Court for cycling on the footpath, the case coming on yesterday.
Defendant was charged under section 139. sub-section 2, of the Public Works Act. Sub-Inspector Wilson appeared for the prosecution, and Mr C. J. Parr for the defence.
Evidence for the prosecution was given by Const. rTbllis, who, in cross-examina-tion, said defendant had produced a badge of the Cycle League, and had claimed a right to ride on the footpath. Wm. John Dinnison, clerk of the Epsom Road Board, said he was conversant with the Public Works Act, and did not know of any authority in it for the act/on of the Board in permitting cyclists to use the footpath. For the defence Mr Parr submitted that the control of the roads and the regulation of the traffic in the district were left by the statute in the hands of the local body, and that they had power to decide for what particular purpose particular portions of the road shall be used.
His Worship reserved his decision. Two similar charges against Walter Graham Owen and Ethel Noakes were adjourned pending the decision in the above case.
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Bibliographic details
Auckland Star, Volume XXXI, Issue 289, 5 December 1900, Page 4
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314CYCLING ON THE FOOTPATHS Auckland Star, Volume XXXI, Issue 289, 5 December 1900, Page 4
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