UNREASONABLE AND INVALID

Dominion, Volume 23, Issue 5, 1 October 1929, Page 13

UNREASONABLE AND INVALID

A PETONE SPEED LIMIT “TIMES HAVE CHANGED” That the Petone Borough Council’s speed limit of 15 miles an hour on the road between the Petone railway crossing on the Hutt Road and Petone Avenue Junction was unreasonable and therefore invalid was the opinion expressed by MtT. B. McNeil, S.M., in a reserved judgment given yesterday. The case was one in which ueorge Shirtcliffe was charged with exceeding the speed limit of 15 miles per hour in the locality mentioned. The case, ln which the Wellington Automobile Association was interested, was heard at the Petone Court, and was defended by Mr. P. H. Putnam for test purposes. Mr. R. E. Harding represented the Petone Borough Council. The charge dated back to January 19, and at the hearing it was admitted by Mr. Putnam that the defendant drove a motor-car on the road between the railway crossing and the avenue junction at a higher speed than 15 miles an hour. The defence was that the speed limit of L> miles an hour was an unreasonable restriction on the lawful use of the highway ; that it was an unjustifiable interference with the rights of the users of the highway, and that, therefore, the bylaw was invalid.

Conditions Altered.

The Magistrate said the road concerned differed little from many portions of main highways passing through townships or country towns. With the _ improvement in modern motor locomotion, much improved roads and corners, and with through motor services running from end to end of the country, conditions had altered, and what might have been a reasonable limit ten or twenty years ago might now be unreasonable. The speed of 15 miles an hour was a maximum that might not be exceeded under any circumstances, although the whole length of road might be entirely clear of traffic or pedestrians. No Special Features. After quoting legal authorities at length, Mr. McNeil said that the evidence satisfied him, inter alia: (1) That the road was in a much better condition for traffic than when the by-law was made; (2) that, by reason of improved braking appliances and improved engine control, motor vehicles were at the present day more easily controllable than was the case when the by-law was made; (3) that if and when the by-law was observed (which 'was rarely the case) the result was to cause congestion of traffic .on the road; (4) that there were no special features about the road or its environs which, for the protection of those using it, made it necessary that the speed of motor vehicles passing along it should be limited to 15 miles an hour; (5) that, although the by-law was not generally observed, it did not appear that any greater degree of danger was, in practice, occasioned to users of the road than would be the case if the by-law were generally complied with. “Taking all these matters into consideration,” added Mr. McNeil, “I am of opinion that the limitation to 15 miles an hour for motor vehicles passing along the road unnecessarily abridges a public right without producing a corresponding benefit to the inhabitants of the Petonft borough. I therefore hold that the by-law, so far as it relates to the road, is unreasonable and for that reason invalid. The information is therefore dismissed.”