OWNER RESPONSIBLE?

Auckland Star, Volume LXI, Issue 66, 19 March 1930, Page 9

OWNER RESPONSIBLE?

SERVICE CAR SPEEDING. NOT ACTUALLY DRIVING. (By Telegraph.—Own Correspondent.) PAPAKURA, this day. "This man, who was previously proprietor of several service cars plying between Auckland and Hamilton, was very dilatory in answering notices requesting the names of the drivers o£ his cars when required in regard to excessive speeds," said a highways traffic inspector, Mr. Barrett, in the Papakura Court to-day, when prosecuting William Nicholson, of Hamilton, on charges of operating two motor vehicles between Manurewa and Drury on January 3 as the speeds were greater than permitted under the regulations.

The inspector explained that Nicholson himself was charged under a regulation which defined the word "operate" to mean "use or drive" any motor vehicle on any street or road.

The inspector said he followed two of defendant's cars from Manurewa to Drury. The speed was never below 38 miles an hour, although the heavier car was not permitted under the regulations to exceed 24, and the lighter one 30.

Defendant said he instructed his drivers not to exceed 35 miles, which tlie inspector agreed was all right, provided there were no other circumstances to make such a speed dangerous. He did not "operate" the vehicle within the meaning of the regulation.

Mr. Levien, S.M., said he would take time to consider whether the word "operate" could involve the owner as well as the driver.