THE OFFSIDE RULE

Hokitika Guardian, 18 September 1929, Page 2

THE OFFSIDE RULE

CASE CONSIDERED IN COURT. PALMERSTON IN, September 14. In the course of a judgement in a motor, collision case, Alan M’Kenzie Black v. Elizabeth and John M’Farlane, in which plaintiff was awarded damages, his Honor Mr Justics Smith discussed at length the obligations of drivers on country roads in regard to the observance of the offside rule.

Black’s father was driving along the Rongotea road; defendant’s son was driving along the main Foxton-Sanson highway and a collision occurred at the intersection. His Honor said that the regulation regarding the offside rule number thirteen, appeared to applay at present to the whole of New Zealand, and regulations made by any local authority relating to motor vehicles were subject to the regulations under the Act. It was dear, then, that regulation 13 had a wide operation and applied to all roads and streets, whether main or side, and whether in town, city or country. The effect of its'operation, however, nflised a more difficult regulation, but at the same time his Honor held that a breach of it could give no right of action to the person. aggrieved by virtue merely of the breach.

In relation to the present regulation his Honor considered tnat the duty imposed) upon motorists was a public duty only. The regulation conferred no rights on a special class of the public, but was made for motorists and pedestrians alike. Furthermore,, it was clear that in civil actions based on negligence failure to observe the rule of the road plight be justified by* circumstances, although no such exemption was provided bv the terms of the regulation itself. The regulation did not confer upon any' party aggrieved a civil .right of action by virtue merely of the breach thereof. The remedy of the breach was a police remedy, viz., the penalty provided by the regulatons. It did not follow, however, that a breach of the traffic regulation might not be used as evidence of negligence !in a civil acuon. “Where a ’distinction between a main’ and ‘side road’ exists,” said bis Honor, “if the offside rule is applied it is clear that the main road traffic must give way to the ,side road traffic- approaching from the right, and

with which there is a possibility of collision, and if necessary for that purpose must stop. I see no escape from this construction. ..It appears to be clearly intended to lay down a definite rule, but a difficulty arises in its application. Main road traffic is entitled to move at a good speed, and bitumen and concrete highways are intended to carry fast-moving traffic yet where an intersection is reasonably visible to a driver on the main road, or where he should reasonably know its existence, it is I think his duty to take steps to observe this rule. Should the possibility of a collision arise where an intersection is not so visible, or where a driver is reasonably unaware of its existence, he is not in a reasonable position to take steps to observe the rule then. Whatever may be the driver’s position in the Police Court he hai not committed a wilful or negligent breach of the rule and the breach of it cannot ‘be used as prima facie evidence against him. The test of a. w.ilfnl or negligent breach of the rule must depend on the circumstances of each case. Where the view of the intersection is clear, and the driver knows there is, or is likely to be traffic, the driver approaching from the side road on the right of the driver on the main road may be entitled to assume that the main road driver will give way.” Referring to the case in question his Honor said:—“l do not thing the plaintiff’s driver, as a side road driver, had any right to assume that the offside rule necessarily would be observed by the main road driver passing along this particular main highway through the country. That is not, it appears to me, a reasonable assumption to make until the ‘offside’ rule is more emphatically , established by custom and usage on country roads. “I do not think the same assumption can be made as a driver in a city street might take. A side road driver in the country must act reasonably and from the point of view of bis civil liability slow up so as to lie able to avoid traffic to the'right or left.”