THE HIGHWAYS CODE

Press, Volume LXXII, Issue 21903, 2 October 1936, Page 17

THE HIGHWAYS CODE

Judicial Standing

Advocated

SUGGESTION TO MINISTER (TfOR TRANSPORT Hat the Highways Code which the jji-jjtCT for Transport (the Hon. R. gajaple) proposes to issue shortly be given some judicial or statu-* P landing is tne opinion of Mr C. KStS’ominent motorist, of Nelat the request of the South So? Motor Union, has prepared, a Sentary on the code for submisthe Minister. , ®-The idea of the code is excellent.” «r Rout says, “and it would be a a full value is not obtained from ? y ßu t full value cannot be obtained /miless the code has some judicial or v statutory standing.” , , Mr Rout says the code is based on thfEnglish Highway Code.- Section 45 !7the English Road Traffic Actfprovides that the Minister shallprlpare «mde to comprise such directions for guidance as appear to hun to .be nMoer After being approved by both hauls' of Parliament, it may be issued public at a price not exceeding < penny a copy. - Afyilura by any person to observe fee code does hot of itself make that rUgnn liable to criminal proceedings Efgny kind, but in any such proceedSes ar-d also in civil cases, a failure to observe the code may be relied on /'m tending to establish or negative liability. The defences of contributory negligence or inevitable accident are stni open to a defendant, but once it - L proved that one of the normal rules ■ S fee road has been broken, and this may have been the cause of the accident then the burden of proof would have to be discharged by,the plaintiff. •The North Island Motor Union does not approve of the code .in its present form,” Mr Rout says, “thinking that, : where necessary, the provisions contemplated should be included in the -regulations. As a matter of fact, many of them are. "My point is that the value of the proposed code will be to a great extent nulhfled under present legislation, as it has no recognition or standing. It is a pity that this year’s amending act did not go on to state that the Minister shall prepare and issue a code, as in the English act. , ' “Nothing More Than Pamphlet’’ “If the code is now published, it will Represent nothing more than a pamphlet setting out the views of the Minister or of his department.. It will have just the same standing as the weekly safety messages issued by the Automobile Association. Canterbury, or as pamphlets by associations to their, members, except that the code willbe emanating from a quarter > which ~we. know is official. The codd pcould riofc; <ef course, be produced in ..kny cotfrfc ./any more than coulgLone nphrtfay Aerbury Automobile me*sages. It would be useless an Attempt to set lor the courts a standard of driving to be considered hr cases fee new offence of careless; and inconsiderate driving. “I think that a code is necessary.; Expressed as it is in simple and homely language, people are . more' likely to read it and assimilate its ad-, vice than they are to read regulations. If, as the North Island Motor Union suggests, the provisions of the code are embodied in the regulations, then 1 the simple lessons are lost. Certainly wife - the code one more document would be added to the multiplicity enactments in which motor Jaws are contained. However, if consolidation does take place, the code would fit into its proper place." The suggestion of issuing all the motor laws in one bookie* has been made to the Minister by the South Island Motor Union. The union says , it considers the present ah opportune; time to do this.