EXCESSIVE SPEED

New Zealand Herald, Volume LXXI, Issue 21874, 9 August 1934, Page 15

EXCESSIVE SPEED

MOTORIST IN DOMAIN NOMINAL FINE IMPOSED FIRST CASE UNDER BY-LAW An unusual case in which the chief traffic inspector of the Auckland City Council, Mr. G. R. Hogan. was called by counsel to give evidence in support of a defendant who was charged with a breach of the traffic by-laws, was heard in the Police Court before Mr. W. R. McKean, S.M., yesterday. The motorist was Charles Manton Cavit (Mr. Holmden). who pleaded not guilty to a charge ot exceeding the speed limit in the Domain. Inspector Edwards, who conducted the prosecution for the police, called evidence showing that on July 2 at 5.30 p.m., defendant had travelled in the direction of the Auckland War Memorial Museum from Stanley Street at a speed of 30 miles an hour, the limit being 15 miles an hour. Cross-examined by counsel, a constable admitted that he had seen otlisr cars travelling in excess of 15 miles au hour, and the drivers had not been prosecuted. A number of the drivers he had stopped. Counsel submitted that the by-law was unreasonable, as prosecutions hnd not followed in these cases. Defendant said his car had been tested on the same road by an Automobile Association's officer, and it had been found that it was impossible to drive it at the speed allseed. He admitted that his speed was from 18 to 20 miles an hour, but said he had had to accelerate to avoid colliding with another car. The magistrate said that on defendant's own admission he had exceeded the speed limit George Robert Hogan said the amended by-law had been in existenco since 1929, and there had been no prosecutions under it by his department. He was not aware that motorists had exceeded 15 mites an hour in that vicinity. No instructions had been given by his department to permit traffic to exceed the limit. Mr. McKean said that as it was the first prosecution, under the by-law, defendant would be fined 10s and costs.