ROAD SAFETY.

Waikato Times, Volume 108, Issue 18164, 31 October 1930, Page 3

ROAD SAFETY.

KEEPING CORRECT SIDE. RULE NOT DEFINITE. WHAT NEGLIGENCE IS. The opinion that "if there were a definite rule compelling all traffic, whether fast or slow, to keep to the proper side of the road 'at all times there would be a considerable diminution in the number of motor accidents was expressed by Mr Justice Blair in his address to'the grand jury at the opening of the criminal sessions of ' the Supreme Court at Wellington. His Honor, in referring to charges against two motorists of causing death by negligent driving, said that the main case as far ,as the Grown was concerned was that the accused were on the wrong side of the road. It was unfortunate, he thought, that there was not a definite rule making it an offence at any time to drive on the .wrong side of the road. Of course, ..as’ most people knew, the rule of the road applied to vehicles passing or being overtaken, but at other times motorists wandered all over the roadj and that was true not only of fast-moving vehicular traffic but also of slow-moving traffic, including bicycles.

Statutory Duty. The duty of a motorist was a statutory duty. There was an impression in some people’s minds that there was a distinction between the measure of care required for civil negligence and the measure required irr criminal negligence. But, His Honor said, he knew of no such' distinction. Every motorist was required to take reasonable precaution and to use reasonable care, and reasonable care was the same in both criminal and civil negligence, the only distinction in a criminal case, of course, being as -to the result. If the result was grave- bodily harm or the death of somebody, then tiie law took cognisance of it, because the law w r as especially jealous of the sanctity and the care of human life. “Now, it may be looked upon as—shall we say—curious, that there is no distinction made as far as a charge of criminal negligence is concerned, but,” said His Honor, “you will appreciate that if there was any distinction whereby in a criminal case a person was entitled to greater degree of recklessness in driving than that to which he was entitled in a civil case, the position would be very difficult, and might result in making the safety of those using the roads much more precarious than it is at present. And as we all know, it is unfortunately true that there are a great many—and probably too many—accidents which would be clearly avoidable were there a strict observance of the measure of care required by the law.”