BY-LAW MOTOR CASES

Poverty Bay Herald, Volume LXI, Issue 18587, 22 December 1934, Page 8

BY-LAW MOTOR CASES

CHARGES AGAINST DRIVERS

UNSATISFACTORY POSITION

(Per Press Association.) HAWERA, last, night

A case of considerable interest,. to motorists came before Mr. W. H. Woodward, S.M. It involved, a section of the Motor Vehicles Act which the North Island Motor Union for some time has tried to have amended, that, of motorists being unable to have evidence taken on commission.,jn by-law cases.

Rather than pay the expenses of bringing a witness from Palmerston North to Hawera, a motorist charged with dangerous driving pleaded guilty on the recommendation, of Air. (1. J. Bayly, his solicitor, although in the opinion of the solicitor he was not guilty. . Mr, Bayly claimed that the law should be amended to allow witnesses to give evidence in a foreign court, thereby saving expenses, with more compatible justice. , ■ “At present in civil actions,” he said, “the law allows parties and witnesses to have evidence taken on commission, but no machinery is available in cases under the Motor Vehicles Act of breaches of the regulations of that Act, or breaches of by-laws. The Automobile Associations of New Zealand have been endeavoring for some time to obtain an amendment, so that evidence could be taken in a ‘foreign’ court, but so far without result.

“The position now is that if the motorist visiting another centre committed a breach of the by-laws he might have no knowledge till be was served with a summons. He might bo quite innocent, and wishing to defend, would fipd it necessary to go to the town where the offence was committed and take his witnesses.”

The magistrate said the position was as unsatisfactory for him as for the motorist. He did not know what to do.

Mr. Bayly ; Show your disapproval 6? the law as it at present stands. The magistrate said that all he could do was make a shot at it, although he might be doing an injustice. He fined defendant £l, and added that the position was unsatisfactory,.