NO SPEED LIMIT FOR MATERNITY CASES, SAYS S.M.

Gisborne Herald, Volume LXXV, Issue 22821, 16 December 1948, Page 4

NO SPEED LIMIT FOR MATERNITY CASES, SAYS S.M.

(P \ ) WELINGTON, Dec. 16. A taxi carrying an urgent maternity case to hospital should be permitted to exceed the speed limit. This was decided by Mr. J. S. Hanna, S.M.', in the Magistrate’s Court at Lower Hutt yesterday when he dismissed a charge of exceeding the speed limit, against Gerald Reginald Elgar, ta" -driver. Elgar, who pleaded not guilty, was represented by Mr. K. Gibson, and the prosecution was conducted by Mr. N. Gillespie. , ~ , , Mr Gibson contended that under Section 57 of the Statute Amendment Act. 1936. the taxi had been used as an ambulance on urgent service, and was therefore entilted to exceed the speed limit normally imposed. The case was almost in the nature of a test case, he continued, because it was of vital importance to every taxi-driver, and in fact every motorist, to see whether Section 57 formed a complete defence for this type of case. For the Hutt County Council, Mr. Gillespie said that if speeding were permitted for vehicles other than those engaged on urgent ambulance service—and he did not regard this case as such —then private vehicles could be changed to ambulances and speed on the roads.

The magistrate said that his view was that the taxi was on urgent ambulance service, and that his opinion of Section 57 was that any driver answering a call such as this might exceed the speed limit. He said that he would give a written judgment on the case.