MOTOR BY-LAWS

Lyttelton Times, Volume CXVII, Issue 17666, 19 December 1917, Page 4

MOTOR BY-LAWS

SUNSET LIMIT ON AKAROA HILL ROADS. APPEAL BY COUNTY COUNCIL. At the Supreme Court yesterday an appeal was heard by his Honor Mr Justice Denniston, in the case of the Akaroa County Council v. Alfred Read, in which the defendant had been charged with driving one of his motor cars between Hill Top and Akaroa after sunset, on March 3. At the hearing on July 9, Mr TVyvern Wilson, S.M., had dismissed the information, Holding that the by-law was invalid in that it unduly hindered the public in the use of the highway.. Against this decision the County Council appealed yesterday, Mr Raymond, K.C., with him Mr J. 11. Williams, appearing for the appellant, and Mr Hunt for the respondent. Mr Raymond said that the prohibition of motoring between sunset and sunrise had been in force since May, 1910. The council had power to regulate the use of vehicles of any description where there was danger to the public but the Minister had vetoing power at any moment, on .representations by the public. Petitions for and against the by-law had been submitted to the council. His Honor asked whether there had been any accidents.

“ No,” -said Mr Raymond, “ because there were no cars travelling at night. ’ Mr Hunt replied that for the last six months the cars had been using the | roads continuously at night, and no accidents had happened. Mr Raymond was proceeding to quote certain petitions in favour of tho by-law. when Mr Hunt remarked that several persons who had signed did not wish their signatures to bo there. His Honor remarked that nothing was easier than to obtain signatures from persons whose tastes or pockets were not affected. Had any motor-car proprietors signed the petition? “Not one,” said Mr Hunt, who added that tho by-law was killing Akaroa. “ What effect docs it have on visitors,” asked Ills Honor. “When, does it allow them to get away. Would they have to stay overnight Mr Hunt said that neither doctor nor nur-e con'd leave Akaroa at night. Mr Raymond replied that, assuming there was a right to prohibit traffic on any road, that road was closed to doctors and nurses. In tho course of .further discussion Mr Raymond said that driving was permitted on Wednesday irghts because it was the Addington market day. His Honor remarked that in olden davs market night was the very night on which it would have been risky to drive. He hoped and trusted, however, that Akaroa folk were above ra preach. Mr Raymond reolied that a man who had to drive his own car would have to kepo a clear head. Mr Hunt added that Wednesday was the very night when there might bo cinder* Mr Raymond, in describing the hilly nature of the ’'oad. said that it v.as only since 1910 that public motor veil'd os were u«cd .on the roads. A few private owners had cars, hut they drove in tho day time. “Then who dees tho by-law protect?” said his Honor. “Inhabitants of tho country, wayfarers on the road, drivers and horsemen,” sa’cl Mr Raymond, wh.o added .that tho question of reasonableness was one of fact. His Honor said that,on the same argument tho mam road mi°'ht be closed between Dunedin and T'maru. As for tho opening .of the road on Wednesday night, it seemed to be assumed by the'council that somebody was going to be killed or injured, and on tl’p. whole it seemed to ho agreed that Wednesday was the night when it should ho done. Mr Raymond said that tho mimic were warned not to travel on TV ednesdnv night. “Then Wednesday night is .an open season for wayfarers,” soul his Honor. “It amounts to this, that human life is not sacral on Wednesday umhts. T\r r PM-monrl proceed nrl to (I'SCUSS tho Mac-Btrate’s judgment, laying stress on" tlm fact that there was a danger of glaring headliejutis. He quoted authorities regarding the power to make by-laws. ~ Mr Hunt, in reply, that that the onestion of unrcosonablcresa was one ot lfact and could be ascertained only by relation to the surrounding facts, including tho nature and condition ot the locality: the evil, danger or inconvenience designed to b ( , remedied; ami whether or not public or private rights wore nnncoessarilv and unjustly invaded. In tho present' case the public rights were invaded, and it was not only the residents of Akaroa that, were affected' The restri Mon. in winter time, opened the road for only cigh« hours to motor-cars and motor-cycles. Ilis Honor remarked that it was possible to drive,, a coach and four horsesMr Hunt said that all tho roads were closed, even in broad daylight, beforo sunrise and after sunset. Some of the roads had absolutely no traffic and no residents. When the by-law was fir t mado there were horse coaches on the road, but they bad been run off by motors. Wednesday bad been thrown out as a sop to motor drivers, although Wednesday was the night of the heaviest traffic. Tin public cars ran right through to Christchurch, but they also met the trains, and one train leaving Christchurch at 5.45 p.m. got to Little River at 7 p.m., and there the pn-sengers had to stop. The County Council had disregarded the legislation of tho Akaroa Borough Council and the Wairewa County Council, which had mado no restriction on night driving. The by-law bad been in abeyance for six months, and no accidents had occurra!. Mr Hunt added that in finding that there was no commensurate benefit from the by-law the magistrate had found that' there was no danger, and this was a question of fact, beyond which the Court could not go. Judgment was reserved