UNATTENDED CARS

Dominion, Volume 18, Issue 54, 28 November 1923, Page 13

UNATTENDED CARS

“FLYING VISITS” SUFFICIENT

NO BREACH OF BY-LAW

If the driver of a standing motorcar occupies tho seat tor a short period within each hour, that is, pays a living visit to it, the vehicle is free for the ensuing hour, and no breach <jt the bv-law on that point has been committed. Such is the opinion of Mr. C. R. Orr-Walker. S.M., as expressed in a reserved decision delivered bv him in tho Magistrate’s Court yesterday in the caso of O. B. O’Donnell, solicitor, who was charged with permitting a motor-car to remain unattended, for mote than an hour. The facts were admitted, said His Worship. Defendant had left his car standing in Lambton Quay for about three hours altogether, but had, during each hour, visited the car for a short time, his intention being, of course, to avoid breaking the by-law. “He. contends.” proceeded the Magistrate. “that the car was not therefore left unattended for any whole period of an hour at any one time. The police contend that the short visits to the car were only an evasion of tho bv-law and that he ought to be convicted. I don’t think it would be contended that a breach of tho by-law had taken 'place if defendant had actuallj' driven the car a short distance away and back again within the hour, I fail to see anv difference in the result between this and what he did. I must hold, therefor#, that there was no breach of the by-law; to hold otherwise would necessitate ignoring, the words ‘at anv one time.’ The information is dismissed.” Qualifying his earner statement that a dismissal of the information would render the by-law practically valueless. His Worship said that the reference applied to a case where the owner went to tho trouble Mr. O’Donnel did (laughter). It was possible, however, that he might forget to attend the car at the exact hour next time!