TRUCK DRIVER'S BREACHES

Chronicle (Levin), 15 April 1946, Page 2

TRUCK DRIVER'S BREACHES

NOMINAL PENALTIES IiWOSED •Exceeding the speed . limit, at Otaki Railway'- ia.nd failing to show. on the right-hand side of a truck the unladen weight as prescribed were two charges preferred against Victor Morgan in the Otaki Magistrate's -Court. last week. Mr. A. M. Goulding, S.M., heard the case. Inspector Peters prosecuted and Mr. Bi H. Rhodes appeared for defendant. Inspector Peters stated that . he had noticed defendant at the intersection of Mill Road, where he had. "cut" the corner. He followed defendant, who was in his truck, and estimated his speed at 33 m.p.h. The limit in the locality was 25 m.p.h . In reply to Mr. Rhodes, Inspector Peters said he was in his car when he saw defendant and immediately went out in pursuit. Defendant had told him that he was obstructing traffic, but that was not so, neither did he have "words" with defendant over the affair. Giving evidence, Victor Morgan maintained that when the inspector gtopped him words had' passed between them. He had been a :"ar-_ rier in the Otaki — Te Horo area for many years, and had never encountered trouble. The ipspector had. pulled up on the .bitumen, which meant that he had to go round him in negotiating ; the cornep, and that as a res.ult of the stoppage an argument followed. He estimated his speed at from 20 io 23 m.p.h., which was his usual pace. He was not aware that the inspecr tor was following till he saw him pull up alongside. The inspector had asked him, "Do you know how to drive round corners?" He rephed that he did. He had never been previously charged. He admifced that the instructions in regard to tare weight were on the wrong side of his truck, but this was considered immaterial as he had given instructions to a painter to do the necessary work. Mr. Rhodes pointed out that defendant had a good' record as to his . •driving, as well as being a reputable, citizen. He thought that perhaps the inspector had ijiade a genuine mistake, and also that' the evidence was not sufficiently. strong to . convict. In regard to th;e tare weight, , he looked • upon tbife a:^ tri'vial, and under the circumstances submitt'ed tha.t the case should be disrpissed. . .' . , . R.egarding - def endant's , f ailure tb show the tare weight on the .right"han'd side' oi the' tru'ck, the Mdgisu trate fined' defendant 10s, with 10s costs. , In the other char'ge the speed was' not' high, and the ffne would .accordingly be £1, with 10s " costs.