MOTORISTS’ DUTIES

Sun (Auckland), Volume IV, Issue 998, 14 June 1930, Page 5

MOTORISTS’ DUTIES

AVOIDING APPROACHING CARS DISCUSSION IN COURT Press Association WELLINGTON, Friday. The question whether a motorist who ; is on his correct side of tho road is j justified in pursuing his course, and in assuming that an approaching driver who is on his wrong side will allow sufficient room for clearance, was the subject of legal argument in the Police Court today during the hearing of a claim for damages arising out of a motor collision. Mr. Cunningham, for plaintiff, said all a' motorist could do was to keep to his own side of the road and trust that the approaching driver would do likewise. That was the only safe way in the daytime, for if a motorist was on his wrong side the approaching car could get off the bitumen in order to avoid a collision. At night, however, the position was somewhat different. It was impossible to tell whether there was room in which to pass until the cars almost met. Mr. W. H. Woodward, S.M., said if there was any doubt on the part of i the motorist who was on his right side | whether there was room to pass, the | safest course would be for him to pull [ right off the bitumen. “Are we to assume, then, that every approaching motorist is in the wrong?” asked Mr. Cunningham. The magistrate said if a motorist perceived that an approaching driver was in the wrong, the law did not allow him to assume that the other man would alter his course in time to avoid a collision. “I submit that there are three courses open to a motorist who sees that the other driver is in the wrong,” said Mr. Leicester. “He will be excused if he adopts two of them. The first course is for the motorist himself to go to his wrong side to avoid a collision. Under the emergency doci trines a driver who does that is excused. He is also excused if he goes as far as possible over to his correct side. But if he elects to continue his proper course, thereby driving in a direct line with the approaching car, then he is not excused.’’ The magistrate said his own practice was to watch his own side of the road and rely on the other driver watching his. Mr. Leicester: It is the proper practice. The Magistrate: I shall not be prejudiced by my own practice, but I am doubtful whether it will ahvaj's carry j me safely through. Decision was reserved.