TRAFFIC BREACHES

Te Awamutu Courier, Volume 53, Issue 3818, 7 October 1936, Page 4

TRAFFIC BREACHES

LOCAL PROSECUTIONS. CONVICTION IN EACH CASE. At the local Magistrate’s Court today, Mr F. H. Levien, S.M., dealt with several traffic prosecutions instituted by the Waikato County Council, represented by Mr R. Metcalfe, inspector: > Douglas • Mitchell, Oliaupo, was charged that near Oliaupo on July 25th he overloaded his motor vehicle beyond the license limit, and also beyond the road classification. Both offences were admitted. Inspector Metcalfe said the excess load of coal was about 16 cwt. Mitchell was a reputable carrier who had not previously given any trouble. Mr Mitchell, for defendant, said his client had thought he was within the load limit. The prosecution would be a warning to him to be more careful. On each charge he was fined £1 10s and costs. Percy Miles, Puketotara, was charged with exceeding the license limit on his motor vehicle in Alexandra Street, Te Awamutu, on August 6th. Defendant, who did not appear, was said by the inspector to have been stopped early in the afternoon. The gross weight of the load was 5 tons 5 cwt. He was carrying coal. The overload was 1 ton 5 cwt. Miles had one previous conviction. A fine of £2 and costs was imposed. The Arohena sawmilling firm of Smyth Bros, and Boryer, Ltd had to answer two charges respecting alleged offences near Te Awamutu on August Bth—overloading on license and overloading on road classification. Pleas of guilty were entered. The inspector said the defendants have a permit from the Waipa County Council to carry heavier loads from the mill to Arapuni, but not to Te Awamutu. On the occasion in question the overload had been brought about 28 miles, and the excess load was about 13 tons. Mr Mitchell said the case was unusual, for the special permit forbade carriage over the Great South Road or Kihikihl-Arapuni Road. The firm pays royalty which has totalled to date £550. The firm was applying for a refund of its heavy traffic license. “Do you think you have any chance of getting it? ’ inquired his Worship. Counsel: I think we have, and I respectfully suggest to the Court that a conviction be entered without penalty. The defendants are not defrauding the county council of its license fees, for it pays royalty at lOd per 100 ft, and the total has already reachad £550. Counsel pointed out that defendants were not defrauding the Waipa County Council. “How is that?” inquired his Worship. “The special royalty fees are paid, and those are divided between the Main Highways Board, Waipa County and Otorohanga County. “I look upon it as stealing the use of the roads,” said the Magistrate. “But we are paying royalty greatly in excess of the ordinary license fees.” His Worship: “I am not going into the ramifications and intricacies of the agreement between your clients and the local authorities. I am told that defendants exceeded what they were permitted to do. The roads are built up, and maintained, with public money, obtained from various sources that the legislature has provided for, and everyone must have regard to the tact that excessive loads do damage to culverts and bridges and roads, the repair of which must be borne by other sections of the public. In the present case it is admitted that the excess load is 13 tons—that is a very heavy overload. Counsel said this was a first offence, so far as the firm was concerned, and he asked for leniency. His Worship imposed a fine of £3, with 10s costs in each case. Henry P. Carr, of Hamilton, was charged with driving at a speed dangerous to the public on the Great South Road near Ohaupo, on July 29th.

Mr Oliphant entered a plea of guilty. Inspector Metcalfe 1 said while near the Ohaupo Hotel he saw Carr’s vehicle swing round the bend to . the northward. In overtaking Carr, his speed was 65 miles per hour. Soon Carr’s vehicle, which had been travelling at a high rate of speed, skidded in trying to avoid some loose horses, and this caused him to puli up. The inspector said his inquiries satisfied him that Carr had offended on several occasions previously, but nowadays he is more circumspect. To questions bf the Court, the inspector said that though he travelled at 65 miles per hour he could not overtake Carr but for the fact that Carr had to pull up to avoid the horses. Carr had disappeared from his view prior to this. Mr Oliphant said his client conceded that he was driving at 35 miles per hour. His Worship said he knew the locality, and the fact that there was very little other traffic in evidence did not affect the matter. Counsel said the prosecution had already had a salutary effect upon defendant. It was the first prosecution against him. His Worship, in imposing a fine of £3 and costs 10s, said that had it been a second offence the penalty would almost certainly have been a £5 fine with cancellation of the license. Arthur Fred Pearson, of Orakei, was similarly charged concerning an alleged offence near Ohaupo on the same date. Defendant did not appear, but wrote admitting the offence, and forwarded references as to character. (Inspector Metcalfe said lie was driving from Hamilton to Te Awamutu, and along the Rukuhia straight his speed was about 45 miles. A car overtook him at a very high speed, and so he accelerated to 65 miles to overtake him. This speed was maintained past “Lochiel,” and 60 miles up the grade approaching the school at Ohaupo. Entering the township the speed was 55 miles, and passing the business places it was 50 miles. The inspector stopped him just afterwards. Defendant said he was in a hurry to get to Palmerston North. A fine of £5, with endorsement of the license, was imposed, his Worship remarking that if it had been a second offence the penalty would have included cancellation of the driving license for 12 months. Eric John Ulander, of New Plymouth, was charged with driving at an excessive speed at Ohaupo on September sth. A suggestion was made by Mr Mitchell that the charge be reduced to

one of driving at 30 miles per hour through the township of Ohaupo. Inspector Metcalfe said he was willing to agree to this, but his Worship decided to hear the evidence first. The inspector said Ulander’s speed was 40 miles per hour, and it was a Saturday morning. There was not a great deal of traffic about at the time, but he drove through the township at a speed too fast for reasonable safety. His Worship, after consideration, and hearing representations in favour of not endorsing the license, imposed a fine of £2 10s and costs 10s.