LAW OF THE ROAD

Dominion, Volume 23, Issue 221, 14 June 1930, Page 10

LAW OF THE ROAD

Avoidance of Accidents

PROCEDURE IN QUESTION

I« a motorist whole on hlg correct side of the road justified in pursuing his course and In assuming that an approaching driver who Is on his wrong side will allow sufficient room for clearance? This question was the subject of legal argument in the Police Court yesterday during the hearing of a claim for damages arising out of a motor collision.

Mr. Cunningham, for the plaintiff, said that all a motorist could do was to keep to his own side of the road and trust that the approaching driver would do likewise. That was the only safe way. In the daytime if a motorist was on his wrong side the approaching car could get off the bitumen in order to avoid a collision, but at night the position was somewhat different. It was Impossible to tell whether there was room in which to pass until 'the cars almost met

Mr. W. H. Woodward, 8.M., said that if there was any doubt on the part of the motorist who was on his right side as to whether there’ was room to pass, the safest course would be for him to pull right off the bitumen. “Are we to assume, then, that every approaching motorist is in the wrong?” asked Mr. Cunningham. The magistrate said that if a motorist perceived that an approaching driver was in the wrong the law did not allow him to assume that the other’ man would alter his course in time to avoid a collision. / “I submit there are three courses open to a motorist who sees that the other driver is in the wrong,” said Mr. Leicester. “He will be excused if he adopts two of them. The first course is for the motorist himself to go to his wrong side in order to avoid a collision, and under the emergency doctrines a driver who does that is excused. He is also excused if he goes as far as possible over to his correct side, but if he. elects to continue his proper course, thereby driving in a direct line with the approaching car, then he is not excused.”

The magistrate said his own practice was to watch his own side of the road and rely on the other driver watching his.

Mr. Leicester: It is the proper practice. The magistrate: I shall not be prejudiced by my own practice, but I am doubtful whether it will always carry me safely through. Decision was reserved.