Magistrate’s Court FINED £20 FOR DRIVING WHILE DISQUALIFIED

Press, Volume XCVIII, Issue 28835, 4 March 1959, Page 10

Magistrate’s Court FINED £20 FOR DRIVING WHILE DISQUALIFIED

For driving while disqualified in Wainoni road on November 8, William Rex Andrews, a contract worker, was fined £2O by Mr A. P. Blair, S.M., in the Magistrate’s Count yesterday. His period of disqualification from driving was extended for a year.

. Chief Patrol Officer J. Brown said the defendant was riding a motor-cycle carrying a pillion passenger when he was stopped by a patrol officer for exceeding a temporary 10 miles an hour restriction in Wainoni road. The officer did not know until a later occasion, when informed by a constable, that the defendant was disqualified from driving. “Although on the face of it this is a very serious offence verging on contempt of the Court’s cfder, the defendant did not have this contempt in mind,” said Mr D. H. Stringer, . who represented Andrews. He worked with his father, who was a contractor, and was returning to work after lunch as a pillion passenger on his friend’s motor-cycle when they struck heavy shingle in a portion of road under repair. His friend informed the defendant that he was not a good driver in heavy shingle, and asked the defendant if he would take over for a short distance. The defendant said he would and rode the motor-cycle for a short way until stopped by the traffic officer, said Mr Stringer. He submitted that the defendant had no intention of deliberate contempt of the Court, and that a fine rather than a prison term would be an appropriate punishment for the offence. The Magistrate said he would accept that the offence was not deliberate and was only to meet a temporary situation. Had the circumstances been otherwise he would have had no alternative but to impose a term of imprisonment, he said. RODE MOTOR-CYCLE WITHOUT LICENCE

“Under the existing regulations it is very difficult for a motorcyclist to learn to ride without going on to the road. Some provision should be introduced to enable learner motor-cyclists to have an experienced man on the back of the machine, as they can be a great help in teaching learners,” said Chief Patrol Officer Brown when John William Williams appeared on a charge of driving a vehicle other than that specified on his licence. He was ordered to pay costs only on the charge. After the defendant explained that his brother was on the back of the motor-cycle teaching him to drive in Ferry road the Magistrate asked what provision was made for motor-cyclists to learn to ride.

A “peculiar position” existed at present as there was no provision for motor-cyclists to learn to ride, and it was very difficult for them to learn without going on to the roads, said Chief Patrol Officer Brown. He said the offence would not have been so serious had the defendant chosen a back street in which to learn instead of in Ferry road, where traffic was very heavy. The defendant said he considered it was better to learn on a road where heavy traffic had to be negotiated, as it would give him greater confidence in going for his licence. “I cannot agree with you on that point,” said the Magistrate. EXCEEDED SPEED LIMIT

A taxi driver had reached speeds of 75 miles an hour in Wakefield avenue, Sumner, on December 14 and had failed to stop for a siren until he had travelled more than a mile up the hill towards Lyttelton, said Traffic Officer L. H. Wilkinson when the driver of the taxi. Hector Rae Armstrong, appeared on charges of exceeding the speed limit and failing to stop for the siren.

He was fined £lO for the speeding offence, which he admitted, but the charge of failing to stop for a siren, to which he pleaded not guilty, was dismissed.

The traffic officer said he saw the defendant’s vehicle travelling at high speed, and in Wakefield avenue he checked it at speeds of 70 to 75 miles an hour, and was unable to overtake it. When the car started to climb the hill it maintained a steady 50 miles an hour, and stopped only after passing a hairpin bend about a mile and a quarter up. The defendant told the traffic officer that he did not hear the siren, and later that he thought it was an ambulance. The defendant claimed that he did not hear the siren until it was close behind him, and he pulled into the side of the road past a bend so that the vehicle, which he thought was an ambulance, could pass him. “It is difficult to understand that he did not hear the siren but it may be that, as he has said, his car was making some noise going up the hill,” said the Magistrate. He said it was proper for the defendant to travel past the bend before pulling in to the side of the road in the as-

sumption that it was an amb' lance.

OTHER TRAFFIC CHARGES On other traffic charges offenders were dealt with as Exceeding 30 miles an hour. — Geoffrey Atkinson, £4; Ross Ivory Payne, £5; Kenneth Ross Bain, £5; Noelene Mary Irwin, £3; David Hugh Adams, £5; Neville Winston Ferguson, £3; Clifford Guthrie, £3; Maurice Anthony Nicol, £2 (no safety helmet, £3; passenger not wearing safety helmet, £3) and his driver’s licence suspended for one month; Freeman Rhodes, £3; Anthony Patrick Tighe, £2 (driving vehicle otherwise than specified on licence, 10s); Michael James Truscott, £3 (passing another vehicle on intersection, £7; no warrant of fitness, costs only) and his driver’s licence suspended for three months; Wilhelmus Johannes Maria Van Schaijik, £4; David Terrence Wilson, £3 (driving vehicle otherwise than specified on licence, £2); Kevin Michael Barry, £8; Richard Harold Carragher, £3; Peter Charles Clarkson, £3; Bernard James Dawes, £2.

Exceeding temporary speed limit. —Raynor Barry Arlidge, £3 (no warrant of fitness, £2); Newton Lexington Jones, £3.

Using motor vehicle without due care and attention. —Ronald Macwell Duke, £2; James Henry McKeowen, £2.

Failing to give way.—Malcolm McPherson, £5. Failed to stop at request of traffic officer.—Douglas Raymond Musgrove, £5.

Failed to supply information. — John Albert Olin, £4; Anne Mary Beaven, £2. Carried pillion passenger while restricted to L plates.—David Gilmour Melvin Gatens, £1; Norman Gilmore, £1 10s.

Double parked.—Nels&n George Calder, £2 (failed to use pedestrian crossing which was within 60ft, £1).

Parked in time expired metered space.—Maurice Joseph Beresford, £1; Albert Edward Spencer, £l.

No front light on cycle.—Dennis John Brunt, £1 (no rear light, 10s).

‘ REMANDED Desmond Frederick Woodcock, ’ aged 22, a truck driver, was re- ; manded to March 9 on a charge ■ of breaking and entering a shop c in Opawa road, owned by Ralph 5 Gavin Taylor, on February 6 and ! committing theft. Bail was allowed in his own recognisance of £l5O, with one surety of £l5O, : and he was ordered to report 1 daily to the police. CIVIL CASES ' (Before Mr E. A. Lee, S.M.) JUDGMENT SUMMONSES The following orders were made on judgment summonses: —P. Pyne to pay N. J. Dillon, trading as Kowhai Floral Service, £3 7s 6d, in default four days’ imprisonment; F. M. > Thomas to pay N. J. Dillon £7 5s 6d, , in default eight days’ imprisonment, warrant suspended while £1 a week is paid; B. Rogal to pay C. M. Foley and C. V. Quigley £6 17s, in default seven days’ imprisonment, warrant suspended while £1 a week is paid; Ronald Martin Box to pay the Christchurch City Council £lO 3s lid, in default 11 days’ imprisonment, warrant suspended while £ 1 a week is paid; J. Hickey to pay T. H. Davies and Company, Ltd., £1 18s, in default two days’, imprisonment; E. J. McAJillan to pay Pearsons Coke Merchants, £1 18s sd, in default two days’ imprisonment; Donaldson Miller to pay St. Albans Cash Timber Company, Ltd., £24, in default 25 days’ imprisonment, warrant suspended while £2 a week is paid; J. Mulholland to pay J. T. Riddle £6 12s 6d. in default seven days’ imprisonment, warrant suspended while 5s a week is paid; N. Taylor to pay A. R. Mackay, Ltd.. £72 15s Bd, in default 75 days’ imprisonment: G. Kearns to pay Stacey and Hawker, Ltd., £lO 13s Id. in default 11 days’ imprisonment, warrant suspended while £1 a week is oaid; W. Lamont to pay Blackwell Motors, Ltd., £6 14s lid, in default seven days’ imprisonment: G. .Payne to pay International Cameras, Ltd.. £2O 0s 6d, in default 27 days’ imprisonment. warrant suspended while £1 a week is paid; A. J. Andrews to pay N. J. Dillon £2 7s 6d, in default three days’ imprisonment: W. Mulligan to pay N. J. Dillon £4 2s 6d, in default four days’ imprisonment: John Charles Lucus to pay Commissioner of Inland Revenue £23 17s. in default 25 days’ imprisonment; George Maurice to pay N. L. Davis ?£76 7s 6d. in default 77 days’ imprisonment, • warrant suspended while £2 a week is paid; A. Black to pay D. and J. McPherson. Ltd., £7 7s 6d, in default eight days’ imprisonment: A. W. Cornwell to pay Ellesmere Transport, Ltd., £5 0s 6d. in default six days’ imprisonmerit; F. A. Griffen to pay Alloy Steel. N.Z., Ltd.. £24 10s, in default 25 days’ imprisonment, warrant suspended while £1 a week is paid; W. R. Andrews to pay Ernest Hayes (N.Z.), Ltd.. £62 8s 6d, in default 64 days’ imprisonment, warrant suspended while £2 a week is paid; Arthur George Reynish to pay Christchurch Returned Services’ Association £27 Ils, in default 28 days’ imprisonment, warrant suspended while £2 a week is paid; Henry V. Roy to pay Guthrie Bowron and Company. Ltd., £27 16s Id, In default 28 days’ imprisonment, warrant suspended while £1 10s a week is paid; R. Dobson to pay Robert Francis, Ltd., £6 14s Id, in default seven days’ imprisonment; Raymond Maxwell Gilchrist to pay Cash Order Purchases, Ltd., £37 3s 3d, in default 38 days’ imprisonment, warrant suspended while £2 a week is paid; A. N. Spence to pay Public Service Investment Society Ltd., £l9 Is Bd, in default 20 days’ imprisonment, warrant suspended while £1 a week is

paid; D. Park to pay Teagle Smith and Sons, Ltd., £lB 10s lid, in default 10 days’ imprisonment, warrant suspended while £1 a week. is. paid; Thomas Desmond George Park to pay Commissioner of Inland Revenue £5 Is 6d, in default six days’ imprisonment, warrant suspended while £1 week is paid; Ronald. Martin. Box to pay Commissioner of Inland Revenue £27 2s 9d, in default 28 days’ imprisonment, warrant suspended while £1 a week, is paid. JUDGMENT FOR PLAINTIFF Judgment for £143 18s 3d was given for the plaintiff, Jan Vryenhoek (Mr P. G. S. Penlington) in a claim against the Gloucester Street

Service Station. The judgment, delivered by Mr E. A. Lee, S.M., on October 16, 1958, was not entered until yesterday when the amount to which Vryenhoek was entitled was determined.

The Gloucester Street Service Station (Mr S. H. Wood) was allowed a proportion of its counterclaim amounting to £lB Is 6d. Of this amount. £ll 0s 4d was not disputed. On the balance of the counter-claim of £433 9s 7d. judgment was entered for Vfyenhoek, a transport operator, who claimed a total of £156 Ils sd. Vryenhoek’s claim was based on the grounds that the Gloucester Street Service Station did not use reasonable care and skill in repairing his truck, which was used for commercial purposes; that the cost of remedying the defective repairs was £126 Ils sd, and that there had been loss of £3O revenue during the five days the truck was not in use. The counter-claim was based on work carried out to the truck.