SPEED LIMIT WITHIN THE BOROUGH

Manawatu Times, Volume XLIX, Issue 3494, 2 November 1926, Page 2

SPEED LIMIT WITHIN THE BOROUGH

15 MILiES PER HOIK UNREASONABLE. BY-LAW UPSET. Charges against twenty-live motorists of exceeding the speed limit of 15 miles per hour, in the Borough of Peilding, wore dismissed at the Magistrate’s Court yesterday by Mr. R. M. Watson, S.M., on the ground that the Borough by-law limiting the speed, was unreasonable. A test case was made of the charge against J. W. Bramwell, who pleaded not guilty, and was represented by Mr. 5. Graham. Sergeant Cahill prosecuted. The facts of the case were admitted in so far as the speed was concerned, and in support of the prosecution, Sergeant Cahill quoted a Thames case wherein a member of the volunteer fire brigade was convicted of exceeding the speed limit fixed by the Thames Borough Council, of 15 miles Per hour. The Sergeant reminded the Court that it was the duty pf the police to protect the public. Mr. Graham, for defendant, submitted that the by-law which fixed the speed limit for the whole of the Borough at 15 miles per hour, was absolutely unreasonable. There was ho discrimination. It was admitted that in certain streets where pußuc schools were situated, 15 miles per hour would be too great, but in thoroughfares which were devoid of houses, and quite safe, this speed was absolutely unreasonable. Counsel quoted the decision of Mr. Justice Chapman, given in the Court of Appeal in 1918, in the case Inglis v. Gough, as follows: “A Borough by-law which prohibits the driving of a motor-car at-a greater speed than 12 miles an hour, is not necessarily unreasonable,)-'but it becomes unreasonable if it is extended indiscriminately to all streets of the Borough at all times, thereby including places and times at which there Is little or no traffic.”'

Counsel relied on this decision as an answer to the charge. Noel C. Harding, Borough clerk, slated that the area of tho Borough was 2053 acres, and there were 34J miles of streets. Some streets of the Borough carried little .or no traffic. Kimbolton road was two chains wide. From Kiwitea bridge to the corner of Pharazzyn street, it would be fea— \ sonablc to travel at 25 miles per hour. It is a long stretch with no intersections, . a bitumen road, and quite clear. After that 20 miles per hour would be a reasonable speed. Witness considered tho limit of 15 miles per hour on Kimbolton road outside the business area unreasonable. Joseph W. Bramwcll, defendant, said that he had resided in the town for 33 years, and considered the speed limit of 15 miles quite unreasonable. Tho Bench agreed that the by-law was unreasonable and the information along with the others was dismissed.