A TEST CASE.

Press, Volume LX, Issue 18195, 4 October 1924, Page 4

A TEST CASE.

—— — BY-LAW UNREASONABLE. A:, the Magistrate's Court -yesterday morning m a case brought for the purpose of tettir.g the validity oi a by-law made i>y the Waimairi County Council, Mr Wvvern Wilson. S.M.. held that the speed limit cf ten miles an hour in \\ alter & road, at Marshland, was unreasonable. It. Heywood. o! Kaiapoi. was charged u:L;i driiing' at a M>eed greater ten miles an hour in Walter's road. Mr J. D. Hutchison represented the Waimairi County Council and Mr W. F Tracy appeared for the defendant. Tl was admitted that defendant had driven at- over twenty miles on hour, hut it -.vas contended' that the limitation was unreasonable. J. S. Hawlces. secretarr of the Canterbury Automobile Association, said :i reasonable and cautious manner in wr.ic-h to drive during the dav time would be frcm 15 to 20 miles an hour. It would ho dangerous to drive at more than 15 miles an hour at nifht. W. J. Walter, farmer, representative on the Waimairi County Council tor the riding in which the road is located, said he had had several complaints from residents, the school committee, and pedestrians living on Preston's road, regarding -th? "speed of motorists. The Council had considered the question of closing the road to motorists, fcufc had agreed that it was not practicable. After reviewing the evidence the Magistrate said it was a case in which t-he County Council might consider the onest-ion cf closing the road at night. Ten miles an hour was an unreasonable restriction on the motor traffic on that road. He was strongly averse to the fixing of ridiculous speed limits. Several times? in prosecutions he had had it from the police that if the speed limit was fixed at 15 miles an hour, they never prosecuted until it was over 20. If the speed limit was right and reasonablo then there should be prosecutions, but the maximum, speed limit should not be fixed! at such a slow cace that the police were afraid tr> enforce it. Considering the whole <- e tli n circumstances hj? thought that the present miximum speed limit was unreasonable. The information was dismissed and casts, £2 2s, were allowed to defendant.