WHAT IS A MOTOR CYCLE ?

Manawatu Standard, Volume XLI, Issue 9135, 7 February 1910, Page 5

WHAT IS A MOTOR CYCLE ?

THE QUESTION BEFORE THE, COURT. A FITZHERBERT STREET TRACK CASE. Mr A. D. Thomson, S.M., >vas called on, to decide a knotty point this morning when the Borough Solicitor, instructed by the Cycle Inspector (Mr A. Perrin), proceeded against Lindsay Gardner for riding a motor cycle on the Fitzherbert street cycle track. Defendant admitted the facts. Mr Cooke stated that , recently the Council had decided, owing to the danger attaching to such traffic, to prohibit motor cyclists from using the Fitzherbert street track. Ho stated that Mr Gardner's offence was not a serious one, and he proposed only . to ask for a • nominal penalty, as- the casp . w&s really brought to test the Council's- .position. Section 166 of the Municipal; Corporations Act empowered the Council to make by-laws regulating traffic and also to lay down tracks for the exclusive use of cyclists. But the question arose as to whether a motor cycle was a cycle within the meaning of ; the Act. The trouble-was that the Act did not define the meaning of cycle. What was it? It seemed to be an abbreviation of bicycle or tricycle. A motor cycle was something more than a cycle. It was a, cycle and a motor, and counsel contended that it must be treated as distinct, from a bicycle. He referred to a decision given by Chief Justice Lord Alverstone, under the Carriage Act, in which his Lordship had held that a motor cycle was not a bicycle, while the Motor Regulations Act covered any vehicle driven by mechanical power. •' ..i.i Mr -Thomson said he did not think the Motor Regulation Act would help the matter, and while he wgs of opinion that it was not desirable for motor cycles to use the track he did not think Section 166 of the Municipal Corporations Act could be made to exclude the motorists. Mr Cooke pointed out that the position was a serious one for the Borough Council, for should his Worship stick to that position he was doubtful whether the Council had • power to make a by-law excluding motor cyclists from the track. He asked that his Worship would take time to consider the matter. Mr Thomson decided to give the matter his consideration, at the same time expressing his doubts as to being able to alter his opinion on the matter.