MOTORIST FAILS IN APPEAL

Press, Volume XCVIII, Issue 29055, 18 November 1959, Page 9

MOTORIST FAILS IN APPEAL

Inconsiderate Use Of Vehicle An appeal by Graham Mervyn Wright (Mr R. B. Shand) against a conviction and fine of £6 on a charge of using a motor vehicle without reasonable consideration to other road-users was dismissed by Mr Justice Sharland in the Supreme Court yesterday. According to the evidence Wright had driven about 60 yards along a footpath when leaving an off-street parking lot. The question was whether the wording of the charge meant “persons actually using the road at the time,” or referred to persons who would normally be expected to be using the road, said Mr Shand.

Counsel submitted that the reasonable and proper meaning of the words must be “persons actually on the road at the time of the alleged inconsiderate use.” What was a lack of consideration in the presence of other road users would often not be when no other persons were using the road at the time, said Mr Shand.

There was a singular lack of authority on the question and there was no clear statement of the intention of the legislature. The appellant had through necessity used his car on part of a footpath but had caused only momentary inconvenience to a road user.

For the Christchurch City Council, Mr A. Hearn said it was possibly unfortunate but in this case a person had been using the road at the time. Counsel pointed out that although it was an offence to park or stop on a footpath it was apparently not an offence to use a motor-vehicle on a footpath. Dismissing the appeal his Honour said the appellant had driven 60 to 90 yards along the footpath past business premises and at the crucial moment a man had emerged from the premises.

It was beyond dispute that a person had actually been using the road and it was not necessary for him to consider the legal point raised, said His Honour There was abundant evidence to support a conviction.