OFF-SIDE RULE.

Auckland Star, Volume LXV, Issue 149, 26 June 1934, Page 16

OFF-SIDE RULE.

LACK OF UNDERSTANDING. OBSCURE LEGAL WORDING. NO COURTESY RULE. Introduced into New Zealand from other countries four or five years ago, the off-side rule, like many other rules and regulations, is little understood by those whom it most affects. "As a motorist of 20 years and an adjuster of motor accident claims for 13 years, I am still in doubt as to the legal interpretation of this rule," writes Mr. K. J. Laird. "It is reasonable to assume the other 199,09!) motorists in New Zealand are also having troubles of their own. Obviously motorists cannot obey these regulations unless they understand them, and the police and our Courts cannot justly enforce them. "Regulation 11, paragraph 13, off-side rule, reads: 'Every driver of a vehicle, when approaching any intersection, the traffic of which is not for the time being

controlled by a police officer, traffic inspector, or the presence of a compulsory stop sign, and to which any other vehicle (inclusive of trains) is approaching, so that if both continued on their course there would be a possibility of collision, shall, if such vehicle (being other than a tram) is approaching from his right, or if such vehicle (being a tram) is approaching from any direction, give way to such other vehicle and allow the same to pass before him, and, if necessary for that purpose, stop his vehicle, and no driver of a vehicle shall increase the speed of his vehicle when approaching any intersection under tho circumstances set out in this clause.' Briefly, if there be possibility of a collision, tho vehicle approaching on the other driver's left shall, if necessary, stop.

"We next come to P.egulation 15, Speed. Paragraph C (ii.) —15 m.p.h.: 'When approaching any intersection which is of such a nature that, when the driver is 90ft away, he has not a clear and uninterrupted view of such intersection, and of the traffic upon every road leading thereto for a distance of 90ft beyond such intersection.'

"As this 90ft vision applies to practically every city intersection, both motorists are legally bound to reduce their speed to IS m.p.h. when 90ft away from a possible collision, but as either or both of these vehicles at 15 m.p.h. can stop in, say, 25ft, neither driver should reasonably consider there was a possibility of a collision at this particular point. There being no reasonable possibility of a collision, then neither driver is guilty of negligence if ho carries on to a point when this danger materialises. This point is at present left to the individual motorist's judgment, and hence a large number of accidents. It is at this point, in my opinion, that tho offside rule should 'become operative.

"Lacking understanding of the regulation, and having, incidentally, no road courtesy rule, we see motorists at 30 and 40 m.p.h. claiming protection under the off-side- rule. I, personally, always give the other fellow right of way, as I have an intense dislike for hospitals."