BY-LAW CHALLENGED

Sun (Auckland), Volume I, Issue 126, 18 August 1927, Page 7

BY-LAW CHALLENGED

PROHIBITION OF PILLIONRIDING TWO OFFENDERS FINED To test the validity of the Auckland City Council’s by-law prohibiting pillion-riding on motorcycles two pillion riders, L. Couithard and W. Wadham appeared at the Traffic Court yesterday. Mr. W. R. McKean, S.M., upheld the by-law and convicted the defendants, who were ordered to pay costs, £2 Is 6d. Mr. Holmden. counsel for the defendants said he admitted that his clients had ridden pillion-fashion within the city boundaries. The Auckland Sports Motor-Cycle Club, of which the defendants were members, had a membership of over 300, all of whom were interested in the repeal of the by-law which was held to be unreasonable. The by-law was framed in 1919, and up to the present had not been attacked. Mr. Holmden said that, with the exception of three, all the local bodies in the vicinity of Auckland permitted pillion-riding on the roads under their jurisdiction. The practice was allowed throughout Australia, Europe and England, where traffic conditions were more acute than in Auckland. The Otahuhu Borough Council had repealed its law against pillion riding. Counsel maintained that the practice would be rendered absolutely safe if controlled under the rules of the Royal Automobile Club of England, which insists that pillion riders must ride astride, hand grips, footrests and a fixed seat must be provided. The chief traffic inspector, Mr. G. R. Hogan, said that when the by-law was first considered in September, 1919, the question was adjourned for three months pending the preparation of a report. During that period a fatal accident occurred as the result of pillion riding, and the coroner at the inquest wrote to the council advising the prohibition of the practice. Accordingly, after much deliberation, the by-law was put into effect. A CONTROVERSIAL SUBJECT The magistrate said he did not consider any real danger attached to pillionriding, but he certainly did not agree with the witnesses who stated that pil-lion-riding was safer than solo riding. The fact that they made the statement merely detracted from the value of their evidence. The subject was a very controversial one, and the City Council had evidently given it due consideration before passing the by-law*. Mr. McKean added he would have been pleased to have been able to come to a different decision.