AN INCOMPLETE BY-LAW.

Auckland Star, Volume XLV, Issue 133, 5 June 1914, Page 5

AN INCOMPLETE BY-LAW.

REMUERA'S SPEED RESTRICTION. MUST HAVE SIGNPOSTS. That the Remuerai Road Board's bylaws resitric—ng the speed -oi motor cars must be backed up by 'the provision of sign-posts denoting the speed limits, or else remain merely impotent legislation, was the effect of a decision given to-day by Mr. _; Page, S.M;., in a case in which two motor-car drivers. .las. Davis and Wm. Gilmour. were charged with driving past a stationary tramoar at a speed greater than five miles per hour. The cast was heard early last week, when Mr. A. S. Brown, for defendants, submitted, first that the 'by-la-w did not fulfil' the requirements of the Motor Regulations Act, in that no signposts had been erected denoting the speed limits fixed on; and secondly that a Road Board had no power to make bylaws restricting the speed of vehicles throughout the district. In giving his decisio_. —_ magistrate said:—The by-law reads: "No -person shall, phen passing any stationary tramcar, drive a motor-car upon any- public highway or road in the Remuera Road District at a speed exceeding five miles per hour." The by-law purports to be made under section 4 of the Motor Regulations Act. 1908. That section authorises certain lical authorities ''to make by-laws preventing or restricting the u^e of motors upon any bridge, road, or

place where the local authority is —it—tied that such use would be attended with risk of damage to the bridge, or i danger to the public." Section 6, subsection 2 of the same Act says: "The local authority of any district in which any -such by-law is in force _iafl cause to be set up signposts denoting the limit of speed at which motors may be driven on such bridge or road or place which may ibe deemed to be dangerous by the local authority." It is admicted that no signposts of any sort have been set up denoting the speed at which motors may be driven along any road or past a stationary tramcar. In Metzger v. Mathieson (12. Gazette Law Reports. 2.)). his Honor Sir Joshua Will—tms held th— the provisions of section 6 of the Motor Regulations Act, 1908, arc mandatory, anil t—lit until they have been complied with a by-law made un»ier section 4- is not binding. Assuming that under the powers given by section 4 a Road Board 'litis power to limit by by-law'the speed :it which a motor car may pass a stationary tramcar. irrespective of the place af which such car might happen to be. Ft is. in my opinion, necessary that the provisions of section 6 be complied with in respect of such bylaws. Signposts must he set up at reasonable places',denoting the limit of speed so fixed. Until this is done such a by-law is not binding. The information must, therefore be dismissed: no order as to costs.