THE OFFSIDE RULE

New Zealand Herald, Volume LXXII, Issue 22046, 28 February 1935, Page 12

THE OFFSIDE RULE

GUIDE IN DRIVING ONLY WARNING BY MAGISTRATE [BY TELEGRAPH —OWN CORRESPONDENT] GISBORNE, Wednesday "It is a matter of law that a driver is not entitled to rely on the off-side rule," said Mr. E. Walton, S.M., in the Magistrate's Court during the hearing of a police prosecution of a driver who had collided with a bus. "It is only a rule for the guidance of motorists," he added. "Time and again it has been held by the Supreme Court that the rule does not determine who has been negligent."

In the case before the Court, said Mr. Walton, the driver of .the car had realised when 12ft. from the point of impact that the driver of the bus was not going to observe the off-side rule. He had continued on his course, assuming that the bus was going to stop, but ho had had no right to assume that. It was dis duty to see that he approached the intersection in such a manner as to be able to stop if the bus did not do so, and if he were unable to stop he was guilty of negligence. f'You are not entitled to drive over an intersection at 20 miles per hour, thinking the other man is going to stop. It is a popular idea, but it is wrong. It is not right according to law and it is not common sense. It is the most frequent single cause of collision," the magistrate concluded.