KELBURN VIADUCT

Evening Post, Volume CV, Issue 146, 22 June 1928, Page 14

KELBURN VIADUCT

TRAFFIC 'DIFFICULTIES "ALMOST UNIQUE, -LOCALITY" The'practicability of drivers, of certain motor vehicles to observe strictly the rounding pf the centre point of tho road when turning ■ from.'Glcnmore street on to the Kclbwn Viaduct was. dealt with in an. interesting reserved judgment delivered by Mr. J. H. Salmon', S:M,, in the Magistrate's Court. . afternoon.. Mr. Salmon, who ■ made an. inspection of tho locality, referred 'to the conditions existing thcr as being almost-unique 80 far as other parts of tho Dominion' are concerned. The judgment was tho outcome.of proceedings taken, by th,o police against Frederick Scott Greenshields on «i charge of. failing to maintain . his position to tho loft of the centre, lino of the- road, when coming from Glenmo.rc street .on to the, viaduct. . Mr. Salmon ■ said- that thoro was a conflict of evidence between the one witness for tho prosecution and the. witnesses for tho defence as to the extent to which, the defendant failed to observe tho rounding of the centre point of 'the intersection. It was contended for the defence, however, that, having regard?.to 'tho nature" of the locality and; the length of defendant's car; it was not Reasonable that his car "should bo'required to strictly observe the rounding of the centre point of tho intersocuion. There was' no doubt' from the evidence and from an inspection of the locality that traffic generally proceeding as defendant was proceeding ou to the viaduct from Glenmore street did not observe the rulo of rounding the centre point, and it was clear that in the case of some vehicles it would be practically impossible to conform to the rule. OLD AND MODERN VEHICLES. The locality was almost unique and similar conditions, although they might be present in other parts of AVellington, were not, he thought, to bo found in any other city in New Zealand. It appeared 'as though when some of our, roads and' intersections woro constructed in Wellington in tho face of some engineering difficulties it was not contemplated that these roads and intersections would be used by modern motor vehicles of considerable length and without the flexibility of the old horse-drawn vehicles, in which tho. horses might be, turned at right angles to . the, vehicle itself and in which tlio rear1, wheels would turn at practically right angles to the front | I wheels.. • - ■-...- ■ '■'...■ | The new .regulation-., defining, thecontro line, 11 (1), contained the expression-"reasonably useable for tho time being'for vehicular traffic in general." ; Those words, •' he thought, by. reason of the presence of of tho wor.ds "for tho time being" had regard rather, to the . temporary condition of tho road. For ( example, if,the road were under repairs,, a,strict compliance would not be! insisted upon. He did not think the definition could bo relied upon as a defence; but tho defendant was entitled to' rely upon' the ieasonable practicability of com; plying, with the rule, having regard to all tho circumstances, that\Svas to .say, the narrow width of the road, the steop I'faco of a cutting upon one side, and I ! the presence of a double set of tram lines on. ;a, comparatively sharp . bind ofnthc.foad. r. ■ ..;/■' -JjfeiX \ regulations appeared to/r.ee.bg-'. nise such an element ■as tho narrowness of a road, for 'example, Rcguhjtioiiell (2) which read: "Where:,the j'width' of the road formation permits.". He would' hold in the particular circumstances of tho present, case that .it would not be reasonable to expect the, defendant in his particular ,car in s this; particular locality, to, .strictly ol)sc.rve> kthe r,punding, of th'p .ce.ntrOi-p.omt;^'--"-; .''l REGULATION OF TRAFFIC. Mr, Salmon agreed with the' contention of Mr. Holmes, retired chief engineer of the Public Works Department, that there should be two domes 'or marks for regulating traffic on to the. viaduct, one regulating traffic from. Karori on to the viaduct, and another for regulating traffic from Glenmoro street on to the viaduct, neither of .which domes or marks should be' on the centre line of tho intersection. . "I find as a fact," concluded Mr. Salmon, "that cars proceeding across the 'viaduct even on the middlo line, and oven cars known'as the "baby" Austin, are visible to persons driving up Glenmore street towards tho viaduct. T am unable to find on the evidence the exact exteAt to which defendant cut the corner. He admittedly cut it to some extent, but in the circumstances above stated I propose to dismiss the charge under section 92 of the Justices of. the Peace Act. "