SPEED LIMITS NEAR SCHOOLS

Dominion, Volume 29, Issue 200, 21 May 1936, Page 13

SPEED LIMITS NEAR SCHOOLS

1 Magistrate’s Ruling AUCKLAND PROSECUTION FAILS Dominion Special Service. Auckland. May 20. A ruling that signs restricting speed to 15 miles an hour placed outside schools could not be erected except on roads actually passing the schools was given in the Magistrate's Court by Mr. Wyvern Wilson. S.M. The matter arose through Margaret D. Kirker being charged witii dangerous driving on the Great South Road. A plea of not guilty was entered. Constable Davies said defendants car passed through a zone marked , 15 miles an hour at the end of Jubilee Road, where the Ellerslie School was situated, at about 35 miles an hour. She admitted travelling at 30 miles an hour. The road was the only outlet from the school and there were a number of children about. Mr. Richmond, who appeared for defendant. submitted that she was travelling uphill toward the city. There was a clear view along Jubilee Road and the intersection was quite open. She was driving a modern car and could have stopped within a very short distance. Counsel further claimed that the regulation restricting the speed to 15 miles an hour provided only for roads passing schools. A local authority could erect a sign restricting speed to 25 miles an hour but not to 15 miles an hour unless the road actually passed tiie school. In this case the school was 300 yards away from the Great South Road.

“I cannot see that defendant was driving in a manner dangerous to the public,” said the magistrate. “The intersection is, not an ordinary one as visibility is clear for a long way. The only ground that might be considered to be creating danger is that there were a number of children about. I cannot think prima facie that it is an offence for a person to drive along a highway at 30 miles an hour because there are a number of children about. The regulation applies only where a school is on an open highway.” In reply to a question by SubInspector' Fox. the magistrate said signs were improperly placed. Sub-Inspector Fox also raised the point that there had been a large number of convictions in the past few months.

In most of these cases drivers were travelling out from Auckland, said Mr. Wilson. That was a. different matter, as the intersection was then blind. The case was dismissed. For a similar offence when drivingout of Auckland George McKendrick was fined £1 and costs.