MOTORING SPEED

Wairarapa Times-Age, 28 July 1938, Page 8

MOTORING SPEED

PROGRESS AT SEVENTY MILES AN HOUR CHARGE OF DANGEROUS DRIVING. MAGISTRATE DISMISSES CASE. A case of considerable importance to motorists came before Mr H. P. Lawry, S.M., in the Masterton Magistrate’s Court today when a charge of driving at a dangerous speed was preferred against D. H. Ward by the Transport Department. Mr Lawry held that a speed of 70 miles an hour at night on a half-mile stretch of the Mount Bruce Road did not, in the circumstances, constitute dangerous driving. The chief inspector, Transport Department, Mr E. Barrett, said that Inspector Milne checked the speed of Ward's car for half a mile on the Mount Bruce Road and he estimated the speed at 70 miles an hour. It was a dark night, the road was wet and there were intermittent showers. It was not necessary to prove that there was actual danger in the speed of 70 miles an hour, but it was sufficient to show that there was potential danger. Inspector Milne stated that Ward had passed him on the Mount Bruce Road and when he checked his speed for half a mile he estimated it to be 70 miles an hour. Ward had the wireless on and, added the Inspector, “I would not like to drive a car at that speed with the wireless or anything else to distract my attention.” To Mr C. C. Marsack, who appeared for Ward, the inspector said that along the half-mile of road in question there were no crossings and only one gateway leading to a house well back from the road.- He had no reason to believe Ward to be anything else than a competent driver or to doubt that his car was capable of efficient handling. Inspector Barrett gave evidence regarding the braking of cars travelling at high speeds and stressed the potential danger involved, especially at night.

Mr Marsack said tha't according to the case for the prosecution if any man drove at a speed of 70 miles an hour under any circumstances he was guilty of driving in a manner- dangerous to the public. The stretch of road where the alleged offence occurred was straight, the bitumen surface was holding, visibility was. excellent and there was only one gateway. It was as safe a'piece of road as could be imagined. Mr Lawry: “If it had been daylight there would have been no case to answer. The only point I can see is that the darkness reduced the visibility.” The Inspector: “It is about the best stretch of road in the North Island.” Mr Marsack said motorists were not asked to provide for every possible contingency. If that were necessary few people would be able to drive a car. As. far as the road at Mount Bruce was concerned, there were no contingencies, that might reasonably be expected to arise. It was difficult to imagine any member of the public being placed in danger as the result of that short burst of speed. If it was necessarily dangerous to drive at 70 miles an hour at night in any circumstances, then a conviction must be entered but if the Magistrate did not want to go as far as that then the case should be dismissed. He understood that the case was brought to test a decision given in a Timaru case where it had been held that a speed of 80 miles an hour in daylight was not dangerous to the public. Mr Lawry said he did not think it was a case in which he should set a precedent and enter a conviction. He was quite in accord with the decision given in Timaru. Under various circumstances, a lesser speed might have warranted a conviction. Half that speed on a winding road might have been dangerous to the public. Drivers could not be expected to take into account every possible contingency that might arise. The only question was whether there might have been something on the road which the driver might not have been able to see and which he was in duty bound to observe. Where one could see four chains ahead .he thought the position was different. Although 70 miles an hour might seem excessive at night time he could not see his way to enter a conviction and would dismiss the charge.