THE “OFFSIDE” RULE

Nelson Evening Mail, Volume LXVI, 30 September 1933, Page 8

THE “OFFSIDE” RULE

A RESERVED JUDGMENT GIVEN At the Magistrate’s Court yesterday afternoon Mr T. E. Maunsell, S.M., gave reserved judgment in a case in which Harry Oakley was charged with failing to give way to the right at the intersection of Beachville and Haven roads. His Worship convicted and fined defendant £l, costs 10s. In -giving his decision the Magistrate said: —“Defendant is charged with a breach of what is known as the ‘offside’ rule, the locus in quo being at the intersection of Beachville road and Haven road. The defendant was entering Haven road from Beachville and a motor | cyclist was approaching on his right along haven road. Defendant’s obligation was to stop if necessary, if a collision was possible by continuing. He admits he did not do so, but advanced | the defence that the view was obscured and as the cyclist was appoaching at an excessive speed when he saw the cyclist his only means of averting a collision was to go on. .Unless extreme care is exercised by motorists emerging into Haven road the intersection is perhaps the most dangerous in the city. When a motorist is above the footpath he has ample vision and I agree with the witness Wedderkind’s evidence that a motorist can see up Haven road when the front of the car is a couple of feet on the road. If a car is stopped at this point there is ample room for a vehicle approaching from the right to pass. There is no reason why a car should not be driven out of Beachville road so slowly as to be stopped at the point mentioned if necessary. In my opinion, if the defendant was travelling at eight miles per hour as stated, this was too fast unless he could stop almost immediately. A walking pace is the correct and safe speed. I conclude, therefore, that the defendant has broken the regulation, and must be convicted.”