THE RIGHT OF WAY

Evening Post, Volume CXI, Issue 104, 3 May 1926, Page 10

THE RIGHT OF WAY

OFF-SIDE RULE FOR

MOTORS

INTERESTING MAGISTERIAL

REVIEW

The time-worn question of the law of ! the road for traffic at intersections was the subject of a long comment by Mr. W. E. M'Kean, S.M., at the Magistrate's Court, when he delivered reserved, judgment in- a motor collision case, reports the "Auckland Star." The action arose out of proceedings for damages arising out of a,collision in Broadway, Newmarket. The defendant made a counter-claim, the amounts in both cases being only a few pounds. Counter-allegations of negligence were made, and the question of the privileges of main road traffic was raised. ' "At present confusion exists," said the Magistrate. '' The law requires that both drivers exercise equal care when meeting at intersections, but avoids giving one driver the right of way. Consequently, all drivers assume the right to hold their course." In making a review of the circumstances, Mr. M'Kean said that the plaintiff had been driving along Broadway towards the city at from 12 to 15 miles per hour. The defendant was turning his car from Morrow street into Broadway at a walking pace, and had sounded the horn. The plaintiff did not see the defendant'until the. cars collided, but the defendant had seen the plaintiffs car approaching. Each car had one mudguard damaged. For the plaintiff it had befe contended that a main road rule placed the onus of giving way on to traffic emerging from side streets. "This is not known in English law, and there is nothing to suggest that the duty of avoiding a collision is cast on the driver entering a main road," said the Magistrate. The plaintiff had failed to keep a look-out such as was required at intersections. On the other hand, the defendant had seen the plaintiff approaching, and could have avoided the collision by stopping. Both parties had been negligent, and consequently neither claim could succeed. Speaking of the causes of collisions at corners, Mr. M'Kean said: "It is unfortunate that the various automobile associations throughout New Zealand do not agree on some rule which would reduce the frequency of collisions at intersections. There is a difference ofopinion as to whether a driver should give way to a car approaching from his right, or his left. I think the car to give way should be the car which has the other car on its left. i "The Frence'iule is that if two cars approach a crossing at the same time, the one advancing to the other driver's right should be given precedence, whatever may be the relative width of the roads. As the ordinary rule of the road in France is opposite to our own, we could reverse the rule, and if there was a large body of opinion, it might be made a basis for legislation." The rule that a driver must give way to » vehicle approaching on his right is applied to traffic in France, and although the English rule of the road is to keep to the left, investigation has resulted in the recommendation that the "off-sido rule" in England should be the same as in France. In this respect, Mr. M'Kean, an experienced motorist, differs from the proposed English measure. He is of opinion that the precedence should be the reverse. The principle is, however, the same, and either way would ensure unanimity. The whole intention of the "off-side rule" is to abolish confusion and definitely decree that one driver rhall yield.