CONTROL OF MOTOR SPEED

Taranaki Daily News, 26 June 1928, Page 8

CONTROL OF MOTOR SPEED

BY-LAWS AND REGULATIONS THE OLD RULES NOT SUPERSEDED. ARGUMENT IN THE NAPIER COURT, By Telegraph.—Press Association. ( Napier, Last Night. That every by-law in New Zealand fixing the speed of motor vehicles as tinder the speed limit fixed by the new motor regulations is superseeled by the new motor regulations was the interesting contention put forward by Mr. A. H. D. Mayne in the Napier Magistrate’s Court to-day before Mr. H. A. Y’oung, S.M. 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 a defence in a case against a motorist, if such a person proved that such signs had not been erected. Counsel pointed out that no signs were erected in the locality concerned in the ease before the court. 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 the speeds that represented prima facie evidence in cases 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 by-law was in any way unreasonable. The magistrate said the effect of th® 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.