COUNTRY ROADS.

Press, Volume LXV, Issue 19725, 16 September 1929, Page 8

COUNTRY ROADS.

MOTORISTS' OBLIGATIONS.

OBSERVANCE OF OFFSIDE RULE.

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PALMERSTON S, September 14.

In the course of a judgment in a motor collision case, Alan McKenzie Black r. Elizabeth and John McFarlane, in which plaintiff was awarded damages, his Honour Mr Justice Smith discussed at length the obligations of drivers on country roads in regard to, the observance of the offside rule. Black's father was driving along the Rongotea road; defendant's son was driving along the main Foxton-Sanson highway, and a collision occurred at the intersection. His Honour said that the regulation regarding the offside rule, No. 13, appeared to apply at present to the whole of New Zealand, and regulations made by any local authority relating to motor vehicles were subject to the regulations under the Act. It was elear, then, that Regulation 13 had a wide operation and applied to all roads and streets, whether m/tn or side, and whether in town, city, or country. The effect of its operation, however, raised a more difficult question. _ , .. It waa a statutory traffic regulation, but at the same time his Honour held that a breach of it eould give no right of action to the person aggrieved by virtue merely of the breach. In relation to the present regulation Honour considered that the duty lfflposed upon motorists was a pubUe duty only. . „ . ~ The regulation conferred no rights on a special class of the pub lie, but was made for motorists and pedestrians alike. Furthermore, it was clear that in civil actions based on negligence failure to observe the rule of the road might be justified by cireumsUaees, although no such exemption was provided oy the terms of the regulation itself. The regulation did not confer upon any party aggrieved a eml right or action by virtue merely of the breath thereof. The remedy of the Lreach was a poliee remedy, viz.,_ the penalty provided by the regulations. It did not follow, however, that a breach of the traffic regulation might not be used as evidence of negligence in a civil action. "Where a distinction between a 'main' and 'side road' exists," said his Honour, "if the offside rule is applied ! it is elear that the main road traffle must give way to the side road traffle approaching from the right, and with whieh there is a possibility of collision, and if necessary for that purpose must stop. I see no escape from this construction. It appears to be clearly intended to lay down a definite rule, but a difficulty arises in its application. Ml"" road traffic is entitled to move at a good speed, and bitumen and eonerete highways are intended to carry fastmoving traffic, yet Where an intersection is reasonably visible to a driver on the main road, dr where lie should reasonably know its existence, it is, I think, his duty to take steps to observe this rule. Should the possibility of a collision arise where an intersection is not so visible, or where a driver is reasonably unaware of its existence, he is not in a reasonable position to take steps to observe the rule then. Whatever may be the driver's position in the PoMee Govt he has not committed a wilful or negligent breach of the rule, and the breach of it cannot be used a* prima, faeie evidence a gains* Mm* —v* "The test of a wilful or negligent breach of the rale moat depend on the eireumstanoesof each ease. Wfcere the view of the intersection if «Hr, and the driver knows there is, or is Kkdj to be, traffic, the drive* * awwoMilig from the side ontfcC rif;ht «£ the driver on the nil may D® entitled to assume that the main toad driver will give way." Referring to the esse in question, his Honour said: —*"1 do. not think the plaintiff's driver, as a side road driver, had any right to assume Oat the offside rale necessarily would be observed by the road driver passing along this particular main highway through the country. That la not, it appears to ma, a reasonable assumption to make until the offside role is more emphatieally established by custom and mage on ctmSnbty road*. "I do not think the same assumption can be made as a driver in a city street might take. A side road driver in the country mast act reasonably and from the point of view of bis civil liability slow up so as to be able to avoid traffic to the right or left."