BY-LAW CHALLENGED.

New Zealand Herald, Volume LXIV, Issue 19718, 18 August 1927, Page 11

BY-LAW CHALLENGED.

PILLION-RIDERS PROSECUTED AN UNSUCCESSFUL DEFENCE. THE QUESTION OF SAFETY* An unsuccessful attempt to challenge the validity of the Auckland City Council's by-law prohibiting pillion-riding on the ground that it was unreasonable was made in the Police Court yesterday. In giving judgment, the magistrate, Mr. MeKean, said he would _ have been pleased to have been able to come to a different decision.

Charges of pillion-riding preferred against L. Coulthard and W. Wadhani were treated as test cases. Mr. Holmden appeared for defendants, and Mr. Mackav for the City Council. « Mr. Holmden said the cases were being defended at the instigation of the Sports Motor-cycle Club, which had a membership of 300. The construction of motorcycles had so greatly improved in recent years that pillion-riding was absolutely safe, and, when the passenger was sitting astride, even safer than sfclo riding.

The magistrate said that it was a very difficult matter to show that a by-law was unreasonable, and it would seem to be a better plan to approach the City Council to have it repealed. Personally he could see no reason why pillion-riding should not be permitted. Mr. Holmden said pillion-riding could be controlled, and if controlled was a perfectly safe and extremely economical form of transport.

Roy E. Champtaloup, service officer -of the Auckland Automobile Association, said pillion-riding was unsafe to the same extent as playing football or hockey or driving a motor-car. In 1919, when the City Council's by-law was passed, motorcycle seats were placed so high that the rider could only reach the ground with his toes. With the modern machine the seat was lower, and the feet could be placed fiat on the ground. The centre of gravity of the new machine was much lower than the old. With the inclusion of Avondale in the city motor-cyclists would be prevented from taking friends for a trip to Muriwai or Helensville. In reply to Mr. Mackay witness said there would be no danger to pillion'; riders in negotiating congested traffic at slow speeds. Leslie A. Stericker, mechanical engineer, said that on a rough road with a low seat it was a decided advantage to have a passenger on a motor-cycle, as the additional weight on the back wheel tended to prevent skidding. For the prosecution, George R. Hogan, chief traffic inspector of the City Council, said he considered pillion-riding was a dangerous practice, and the by-law was necessary.

Mr. Mackay: I believe you have difficulty in detecting pillion-riders because the ladies' dresses obscure the numberplates. " Witness: Dresses are so short now that it doesn't matter.

The magistrate said he did not consider any real danger attached to pillionriding, but he certainly did not agree with the witnesses who stated that, pii-lion-riding was safer than solo riding. The fact that, they made the statement marelv detracted from the value of their evidence. The subject was a very controversial one, and the City Council had evidently given it due consideration before passing the J by-law. Defendants were convicted and ordered to pay costs, £2 Is 6d each. Mr. Mackay remarked that the City Council had recently been approached to reconsider the by-law, but had postponed consideration until the decision of the test cases. ■