TANGLE IN MOTOR LAWS

Sun (Auckland), Volume I, Issue 299, 9 March 1928, Page 1

TANGLE IN MOTOR LAWS

Puzzle of New Regulations NOBODY HAS AUTHORITATIVE “SAY-SO” (From Our Resident Reporter .)

WELLINGTON, To-day. THE new Motor Regulations gazetted last week are likely to cause fireworks in legal and automobile circles; in fact it is thought in some quarters that they will prove to be one of the biggest farces in New Zealand legislation. Nobody knows whether the regulations supersede local by-laws or not, although it was generally understood that they were drawn up with a view to securing uniformity throughout the country.

QFFICIALS of the Public Works Department concerned with the drafting of the regulations are hopelessly at sea over them, and ".icy have sought the aid of the Government's legal advisers, who, however, do not appear to be inclined to give a decision in a hurry.

for the moment with two burning questions: whether they may park their cars at night without lights, as provided by the regulations but prohibited by local by-laws, and whether the local speed limit of 30 miles an hour on the Hutt Road is reduced to 25 miles by the regulations, the road being “in a borough or town district." Most cars are still seen parked with three lamps burning to waste, the owners apparently fearing to back the regulations against the city council’s ideas It looks as if a few test cases will have to be fought to decide the scope of the regulations. The regulations fix speed limits (which may be altered by local authorities) and say on the one hand that a motorist lias a defence, if he can prove his speed in excess of a limit is not dangerous, and on the other hand that driving within a set limit will be no defence to dangerous driving. Safety obviously is the factor which ought to be considered, and the offence of dangerous driving should make speed limits unnecessary altogether, is the opinion of one lawyer-motorist.

The new regulations contain a table of maximum speeds, but also state ’hat a local authority may fix a speed limit by enacting a by-law. Do the present by-laws, presumabl. operated under the Municipal Acts, hold good, or do the regulations over-ride this Act and make it necessary for all local bodies to apply for fresh bylaws? Nobody knows. According to the regulations, a con'rolling authority wishing to fix a lower speed-limit than that provided must send a copy of the by-law to the Minister of Public Works, with a sketch or may of the locality concerned showing the position of the warning signs to be erected, but it is rot stated whethc the Minister has "•ny power to prohibit the enforcement of any unnecessary limit or whether local bodies will be able to do as they please. Motorists urge that in the interests of road users there should be a public inquiry into every application for a speed limit, and 'f the local authority cannot prove 4the limit necessary and desirable its request should be refuted. The Ministry of Transport in Engancl holds such inquiries, and motoring organisations and others interested can be represented and, if they wish, oppose the application. n ellington motorists are concerned