TOO MUCH CAMBER

Evening Post, Volume CXIII, Issue 127, 2 June 1927, Page 10

TOO MUCH CAMBER

"TWO FEET FROM THE KERB'

TRAFFIC BYLAW UNDER TEST

The reasonableness of a borough bylaw was questioned in a case heard before Mr. J. W. Salmon in the Lower Hutt Magistrate's Court yesterday. The Lower Hutt Borough Council (Mr. E. P. Bunny) proceeded against G. F. Anyan, J. Lucas, and H. M'Kerrill, bus drivers, who were represented by Mr. J. S. Hanna, for leaving their buses stationary more than two feet from the kerb. The infringements, which were admitted in each case, occurred at different places and at different times, but the decision in each depended upon the reasonableness o£ the bylaw. The defence was based chiefly on the contention that it was dangerous and impracticable to draw up to within two feet of the kerb at the stopping-places in the main street, owing to the camber on the road causing the top of the bus to hit the verandah posts. Other points raised were that the bylaw was not printed and published, and that it did not state what part of the bus was reqnired to be within two feet of the kerb. After hearing the evidence, Mr. Salmon witnessed demonstrations at the various stopping-places. The Magistrate said it was evident that when Lower Hutt was laid out and the main street was formed it was not, contemplated that heavy, cumbersome buses would be manoeuvring in the streets. The main street was peculiar in that it sloped steeply at cither side, making the manoeuvring of such buses difficult and dangerous. While he was not prepared to say that the bylaw was unreasonable, he would say that there were two stopping-places in the main street where the bylaw would be unreasonable. These were at Shearer's and at the Post Office, and at these places even if the buses were two feet out from the kerb, there was still clanger from the verandah posts, especially if people were getting in and out. The cases of Anyan and Lucas, which did not occur at these places, he considered infringements, but as it was really a test case they would each be convicted and discharged. Tho case against M'Kellick, which related to a breach at the Post Office stopping-place was dismissed. , '