SPEED OF MOTORS

Southland Times, Issue 20522, 26 June 1928, Page 8

SPEED OF MOTORS

BOROUGH BY LAWS RELATION TO NEW REGULATIONS INTERESTING POINT IN COURT CASE (Per United Press Association.) Napier, June 25. That every by-law in New Zealand fixing the speed of motor vehicles as under the speed limit fixed by the new motor regulations is superseded by the new motor regulations, was the interesting contention put forward by Mr A. H. D. Mayne in the Napier Magistrate’s Court before Mr H. A. Young S.M., this morning. ' Mr Mayne contended that the regulations were made with the object of fixing a uniform speed limit in boroughs and town districts throughout the Dominion. If it was held that the regulations did not supersede the by-laws then there was a clause in the regulations directing that it was necessary to erect signs showing the speed limit where fixed with borough by-laws. There was a further clause which stated that it could be used as defence in cases against a motorist where such person proved that such signs had not been erected. He stated that no signs were erected in the locality concerned in the present case. Mr H. B. Lusk for the Napier Borough Council submitted that the speeds quoted by Mr Mayne from the new regulations did not purport to be the maximum speed throughout the Dominion but simply speeds that represented prima facie evidence in the case of speeding. He failed to find a table of maximum speeds in the regulations. This was presumably an omission on the part of the. Public Works Department. There was no suggestion, he contended, that the bylaw was in any way unreasonable.

His Worship stated that the effect of the contention set up by Mr Mayne if upheld would be to nullify every borough by law relating to speed in the Dominion. He considered however that the contention of the defence was not strong enough. If it were substantial enough it would be a matter for the Supreme Court.