Slow Driver’s Pace Supported

Press, Volume CVI, Issue 31119, 23 July 1966, Page 16

Slow Driver’s Pace Supported

(New Zealand Press Association!

PALMERSTON NORTH, July 22.

One could not compel a slow driver leading a queue of traffic to go faster, said Mr Justice McGregor in the Supreme Court today, when upholding the appeal of a woman driver convicted of inconsiderate driving.

The New Zealand Traffic Regulations as distinct from those in England, did not specify a type of signal by which drivers could beckon others to pass, he said.

■ driver travelling south com- | paratively slowly. He had followed her for three and a half miles. For Gwendoline Aalm Hawea, Mr T. W. Booth had argued that the traffic officer, following 200 yards behind, had a very restricted view of the head of the queue of 13 cars. In view of the circumstances, it could have been i assumed by the appellant that | the following cars had no desire to pass her on the winding ' undulating road. For the Transport Departjment, Mr J. A. Ongley said 'that there had been a failure to appreciate the fact that 13 cars were behind the appellant, who should have done something about it. The appellant was travelling at a moderate speed of from 35 to 40 miles an hour, ! his Honour said. Essential ’evidence as to the width of the road had not been given, but if half the width of the road were from 7ft to 9ft the I motorist must necessarily be

within 2ft of the centre line. The whole stretch of road, except in a few places, was not an easy one on which to overtake. It might be that appellant should have taken more notice of the cars following her, but that was not established beyond doubt. The prosecution’s main suggestion was that she should have kept further to the left, but if was not established that the appellant was hugging the centre line and interfering with overtaking movements. Nor was her speed slow, but rather moderate, and it was difficult to see what action she could have taken except that of slowing down or stopping at some convenient spot.

Mr Justice McGregor said It was clear that one of the purposes of the new section of the Transport Act was to encourage cars travelling at a low speed to assist those behind by giving them opportunities to move ahead. That assistance could be given by keeping as far as possible to the left, or by slowing down to allow others to pass. He would not accept that the car in front of a queue should speed up to allow the rest to maintain their high speed, he said. His Honour said it appeared from the evidence that a traffic officer near the Linton township had noticed cars piling up behind a woman