SAFETY SPEED

Hawera Star, Volume XLVI, 15 January 1927, Page 3

SAFETY SPEED

“ASSURED CLEARANCE” RULE OPUNAKE MAGISTRATE’S VIEWS. • 'No one travelling oil the public highways should drive at a speed greater than will allow a. stop to be made within the assured clearance to the front. If this rule were applied, it is obvious we should have practically no cases of collisions,” said Mr 11. W. Tate, S.M.. when delivering judgment at the Magistrate’s Court at 'Opunake yesterday, on a charge preferred against Henry Marshall, a factory hand employed at Pun.garelni. of driving a motor-car, in a dangerous manner on the Main South Road at Warea on the night of December 4. The evidence showed that defendant had driven a car at a comparatively high rate of speed through two lines of cars parked on either side of the road, and had come into collision with a vehicle as it drew out from the line. In. this particular instance, the “assured clearance.” as explained by the magistrate, was the space between the front of the moving car and the next car jn the line, a« any of the parked vehicles might at any time move on to the road. Defendant, who 'was represented by Mr C. 0. Edmonds, pleaded not guilty, but was convicted and fined £5 and £2 13s costs. The prosecution was conducted by Constable Brenchey, of Raliotu. CRASH AT MIDNIGHT. Frederick Magon, driver of a 12seater motor-bus, stated in evidence that at about midnight on the date mentioned, he arrived at Warea on his way from New Plymouth to Opunake. He stopped near the hall for a passenger who went into the building. A considerable number of cars were parked in the vicinity, and witness, to get clear of the traffic roadway, had to run his car on the right-hand side of the road. On resuming the journey, witness’s car had partially regained the traffic way, when it was struck a glancing blow on its ileft-hand side by a car driven by defendant, and going in the same direction at a speed which witness estimated to be about 25 miles an hour. Practically as the collision occurred, witness heard the toot of a horn, but had not heard any previous warning. Witness’s car had been damaged to the extent of £5 12s 6d. In view of the fact that the car was proceeding between two lines ot parked vehicles, a speed of 25 miles an hour was unsafe. Witness had been driving lor 10 vears, and under similar circumwould have reduced speed to about six or seven miles ail hour. There was, however, sufficient room for two cars to pass in the space between, the lines, the stationary cars on both sides being clear of the bitumen road. Witness had Ida mod defendant- at the time, and the latter had agreed to pay for damages. William Patrick Lawn, who was seated in one of the parked vehicles at. the time of the collision, said he had seen defendants car pass. He thought that at the time of the impact defendant’s car was travelling much too fast, the speed in his opinion being in excess of 25 miles an hour. Constab’e Brenchley. of Rahotu, who was on dutv at the hall, said he had been seated in his car. among those parked, and had viewed the mishap. When defendant passed witnesses’s car. which was about 40 feet on the New Plymouth side of the spot where the crash took place, it was traveling at about 30 miles an hour. Four lengths further on. it seemed, from the sound of the engine, to be increasing speed. No warning was sounded until it was in- collision with Magon’s car. the toot of the horn and the crash sounding simultaneously. Witness interviewed defendant immediately, and the latter gave his speed just- before the collision as about 25 miles an hour. DEFEND ANT’ R DEPOSITIONS.

As outlined by Mr Edmonds, the defence was to the' effect that JMnrisnuiil, with two pa spongers in his cur, was travellinu- from New Plymouth on the night- in question. The average speed (hiring the journey would not be more tlian 25 miles an hour, and jt had not at any time reached 80. When approaching the Wa re a Hall lie was travelling at 25 miiies an hour, and when travelling between the lines ot cars ho reduced speed to about 20 miles an hour. When he was almost opposite the hall a car suddenly emerged from the side of the iroad, and though he applied both brakes, he was unable to avoid a collision. The absence of anv extensive damage to the vehicles indicated that the speed was not as great as suggested by the police. If defendant-was culpable in the matter, Magon was equally so, as he could l»avi“ avoided the collision if, before driving on to the road, he had taken the trouble to observe whether any traffic was approaching. Evidence to this effect was given ov defendant Marshall, who explained further that in informing the constable his speed was 25 mics an hour, he was refcrrin ,r t<> the rate when approaching the parked cars. Hr had two .pa*sen>jers with him. One of the passengers in defendant s car, Frank Tomb’eson. a grocer s assistant. emit-loved at llaliotu. said the speed during the journey had been reasonably slow. When near Okato, witness bad noticed, the speedometer rornstering 1.8 to ’2O miles an hour. Jhe subs- quo lit speed did not increase o-rent I v and when passing along the lane of cars at Ware a the speec. was not more than 16 miles an bout. “Tb-o man who goes through two •foes of narked cars at a speed or 30 mils an hour is a maniac. said the magistrate in the course oi a oriel summing ut> of the evidence. 1 liave no hesitation in accepting the constable’s estimate of the sped before, those given for the defence.” Hei intimated*that the suggestion of oont-nbut-ii}(r nepcll»v Mjhioh not- lx? accepted as'an excuse, as such action, even if it existed, could not excuse defendant for speeding. '‘Tim besetting sin of this district is speeding among motorists, and when it is indulged in the roads are not safe. Strict measures must therefore b ■ taken to guard a'oiinst such a menace. Such steps ivill !.« taken bv the court, even, if it becomes uecessarv to ke p such 'drivers oil the roads altogether.” The magistrate recounted the extent of ipenalties foi dang, roiis driving, and in inflicting a mated that be was taking defendant s previous good ro^nid into nrcount, nncl was ox to u dins?: lonint treatment. He warning:, liowovor, tliafc suoh or) 11 Id not be expected in the future.