MOTOR SPEED BY-LAWS.

New Zealand Herald, Volume LIX, Issue 18079, 2 May 1922, Page 5

MOTOR SPEED BY-LAWS.

♦ MANUKAU AND MT. ROSKILL. DECLARED TO BE UNREASONABLE. The by-laws of the Manukan County Council and the Mount Roskill Road Board, limiting the speed of motor-cars to 15 mileß an hour, were held to be unreasonable in a judgment delivered yesterday by Mr. W. R. McKean, S.M., at Onehunga. The defendant, J. Holden, was charged with a breach of a by-law of the Manukau County Council," which provides that no person shall ride or drive any vehicle not propelled by a horse or other animal through or over any part or parts of the county at a pace exceeding 15 miles an hour. Tne defendants, J. Clark and P. Free, vrere charged with breaches of a bylaw of the Mount Roskill Road Board, which provides that no parson shall drive a motor-car over any of the highways of the district controlled by the board at a greater speed than 15 miles an hour. Dr. Fitchett had pointed out at the hearing, said tho magistrate, that, the by-law of the Manukau County Council was not limited to highways in the county, and included the teach and any private paddock. In this and the Mount Roskill district tho conditions affecting the roads were not uniform. Mount Roskill district uad tramways running on some of its loads, and both districts had a much greater volume of traffic on some roads than on others. Both districts were much more closely settled in some parts than in others. In those circumstances the indiscriminate prohibition of motor traffic at more than 15 miles an hour appeared to be unreasonable. Mr. Justice Sim had ruled that a by-law was always open to review by a Court on the ground of unreasonableness, particularly when it pro- . posed to restrict the ordinary use of public highways by persons outside tho jurisdiction of'tbe local body. Mr. Justice Chapman had" held that the by-law of tho Pet one Borough Council fixing the speed limit for motor-cars in practically all the streets of the borough at 12 miles an hour, and of the Greytown Borough Council fixing the speed limit in all streets in tho borough at 12 miles an hour wer e unreasonable. The reasons for holding that those by-laws were bad would be reasons for holding the .by-laws of the Manukau County Council and Mount Roskill to be bad. Mr. iUcKean held that in each case the by-law was bad and unreasonable. The informations were dismissed.