SPEEDS IN TUNNELS

Dominion, Volume 25, Issue 266, 5 August 1932, Page 12

SPEEDS IN TUNNELS

Motor Regulations Paramount NOTICE AT MT. VICTORIA In the closing stages of a claim for damages arising out of an accident in the new Mount Victoria tunnel, counsel for the defendant in the Supreme Court yesterday levelled some criticism at the action’ of the Wellington City Council in placing a notice board at each end of the tunnel fixing the speed limit at 20 miles an hour. On the other hand, he said, a speed limit of 10 miles an hour through tunnels was laid down by regulation and by-law. Counsel said he was bound to admit that defendant was exceeding the regulation speed of 10 miles an hour, for the law was that a local body could not prescribe any speeed limit higher, than that laid down by the motor vehicles regulations. In thosecircumstances the notice at each end of the tunnel fixing the maximum speed at 20 miles an hour was null and void. The jury was asked to say that defendant was negligent in driving ,at a speed in excess of that laid down by the regulations, said counsel. Everyone was supposed to know the law, but bow many people, even lawyers, were conversant with the whole of the regulations? Could the members of the jury say they knew that the real speed limit'in the tunnel was 10 miles an hour in face of the posted notices? Therefore, counsel submitted, it would not be fair to suggest that defendant was aware that the speed mentioned on the board was a contravention of the regulations. He was misled'by the notice boards, and it would be unfair to say he was negligent because he exceeded the regulation speed. Counsel urged that the Wellington City Council had some responsibility in the matter.

Counsel fdr plaintiff urged that it was admitted that defendant was exceeding the regulation speed of ten miles. It might be a slow speed, but it was the law. At 10 miles an hour he would have had eight seconds In which to get used to the change of light. He would then have seen the ladder and would have been able to stop before striking it. If a man proceeded at 20 miles an hour when he should not be exceeding 10 he reduced his chances considerably of avoiding an accident of the kind which had happened. Two witnesses had said Arthur was travelling 20 to 25 miles an hour. Counsel agreed that the notice boards said the speed limit was 20 miles, but. had defendant observed the law he would have been able to have avoided the ladder. '