WILL NEW REGULATIONS BECOME DEAD LETTER?

Sun (Auckland), Volume II, Issue 416, 26 July 1928, Page 12

WILL NEW REGULATIONS BECOME DEAD LETTER?

MOTORISTS IN TROUBLE

ONUS OF PROOF In the course of a case heard at file Police Court yesterday when Alva M. Bartley was charged with speedin = on Parnell Road, near Domain Drive, remarks were made by the defending ansel Mr. T Holmd • - magistrate. Mr. W. R. McKean. S.M.. in regard to the difficulty of administering the new motor regulations. Mi Holm dei sai i regulations had fixed 25 miles an hour as the maximum speed merely to establish prima facie cases. If the defendant could prove that there was no danger in the circumstances there was no case to answer. Sub- Ins . - At rate you would have no one brought here unless they were injured. Mr. Holmden: No! No! But if you . record convictions according to the j strict letter of the regulations you will i slow tip the traffic of Auckland. Mr. McKean: I am afraid that is a question for Parliament to decide. Mr. Holmden: You and Mr. Hunt, sir, have always allowed 30 miles an i hour as a legitimate speed if all the circumstances were clear. The Magistrate: That is correct, but evidently those responsible for the | motor regulations think we have been j doing wrong. Mr. Holmden: If the onus of proving * there was no danger has not been dis- I charged in this case it never can be. ; The magistrate: I don’t see myself how that difficulty can be overcome ; either by defendant or any other ' motorist charged here this morning. Mr. Holmden: In that case the 25 miles an hour proviso is a dead letter. The Magistrate: In that case the whole regulations would be a dead letter. Defendant was ordered to pay costs. *