SPEED OF 80 MILES AN HOUR

Dominion, Volume 30, Issue 260, 30 July 1937, Page 15

SPEED OF 80 MILES AN HOUR

Not Always Dangerous MAGISTRATE’S RULING Dominion Special Service. Ctiristchurch, July 29. “I cannot hold that 80 miles an hour under all circumstances is an excessive speed, and on the evidence disclosed today I must dismiss the case,” said Mr. H. Morgan, S.M., in the Timaru Magistrate’s Court when the Main Highways Board proceeded against Thomas Fox on a charge of driving at Selwyn in a manner which, having regard for all the circumstances, was dangerous to the public. Inspector W. R. Ashwell prosecuted and defendant conducted his own-case. Inspector Ashwell, iu evidence, said that at 4.45 p.m. on May 25 he was nearing the Rolleston junction when a car passed him at a high rate of speed. He followed, and across the open intersection defendant, who was driving, was doing 44 miles an hour. The car passed through Rolleston and, after "Whisky Bottle Corner, it increased to 79 miles an hour. On approaching the Burnham crossing the car slowed to 30 miles an hour, and about 50 yards further on a service car in front threw out a paper and two children ran out to pick it up, one from each side of the road. Defendant braked to 20 miles an hour while passing .them, but later increased and passed the service car at 65 miles an hour. His speed then rose on a clear, straight, open road, with no intersections, to 80 miles an hour and remained constant until witness sounded his siren. Fox then pulled up. Replying to a question by Fox, Inspector Ashwell said that the weather at the time was fine and it was broad daylight. He agreed that it would be hard to find a more perfect road surface. Fox: Would you say I was driving carefully or carelessly? Ashwell: You have to handle a car carefully at 80 miles an hour to live. Are you prepared to say that I actually created danger?—“Yes.” The magistrate: How do you say that?—Tn the circumstances 80 miles an hour is dangerous.” Do you mean that a mere speed of 80 miles an hour is dangerous?—“Yes.” In evidence Fox said that he had been driving since 1908 and had covered 100,000 miles in the last 10 years. He had had only one accident at an intersection, in which he was exonerated. Inspector Ashwell said that the ease was somewhat in the nature of a test one, as there had never been a prosecution before under similar circumstances, and he felt a great responsibility. He had submitted a full report to the department, and he had been instructed to proceed. It might happen later that there would be others who were not such good drivers who would drive at high speeds. “You have not proved that the speed might have been dangerous, and this all depends on the driver and the road circumstances,” said the magistrate. “You exonerated him ou your own evidence that there were no dangerous circumstances." “The department maintains that speeds in excess of 69 miles an hour are dangerous on any type of road,” said Inspector Ashwell. The magistrate: If there is to bo any fixed speed on any road it is a duty for the Legislature to see to it. 1 do not hold that 80 miles an hour under the circumstances is dangerous.