MOTORS AND TEAMCARS.

New Zealand Herald, Volume LVIII, Issue 17782, 16 May 1921, Page 6

MOTORS AND TEAMCARS.

NEWMARKET BY-LAW CASE.

" WISE - • BUT UNWORKABLE.'-' The by-law made by the Newmarket Borough Council to compels drivers of vehicles to stop when about to pass a stationary/ tram-car, was declared unworkable and unreasonable by Mr. J. W. Poynton, S.M., in a reserved judgment given''in the Police Court ori Saturday. The case in which a motorist, William Bichardsonc (Mr Matthews) was charged with a breach of the'by-law which reads:—" Drivers shall bring their vehicles to a stop when the tramcars stop or- are about to sjtop to take on or let off passengers, and, shall remain standing until the iramcar has started. Drivers shall not* sound their horns when stopping, as it confuses pedestrians." *. ~ _•■-■'*'•/ *- It was contended by the, defence that the by-law was invalid for want*6l authority to make such a by-law, 4on-comphV ance with the statutory requirements for making iV and uncertainty in its application. ; The Magistrate said courts should be very careful in deciding against: tba validity of-by-laws made by local authorities for the order and safety- of traffic They should be upheld a"nd enforced whenever possible. With a strong desire-to uphold the by-law,-he must lay thatasdjawn it was unworkable. It was obviously' intended, to compel drivers to stoti when abont to pass a stationary vexy.wHa provision; but it did not say so Jt went, furtWthan that. .» com. gSf* -every the borough to stop, no matter where it. was, whenever a tramca? stopped to take on oV discharge passengers—an absurd provision Us raieht be argued that: the Court could read'into it 23* KiPPlyiag the, missing words, and cutting out others that wer! superfluous. Jfcch additions and omissions were m certain cases of interpretation o/ documents, but no t to the extent, required in the by-law in question to make it reasonable, A fresh one was needed. The charge was dismissed.