358
THE NEW ZEALAND GAZETTE.
[No. 13

(d) Opposite (or as nearly as may be opposite) to any traffic-sign of Class E erected pursuant to Regulation 16 hereof, and after the vehicle is so stopped shall not cause it again to move until it is reasonably apparent that its moving will produce no danger to the vehicle, its occupants, or any other traffic:

Provided that compliance with the requirements of this paragraph shall not relieve any person from the duty of compliance with the requirements of section 9 of the Government Railways Amendment Act, 1928, in a case where such traffic sign is erected at any railway-crossing.

(3) No driver or person in charge of any motor-vehicle shall, except at the direction of a Police Officer, Traffic Inspector, or mechanical traffic-director approved for the purpose by the Minister, permit such vehicle to be stationary on a road in such a position as to cause an unnecessary obstruction thereof, whether in respect of the use of the road as a thoroughfare or in respect of access from the road to premises abutting thereon, and vice versa.

(4) No driver or person in charge of any motor-vehicle shall stop such vehicle or permit such vehicle to be stationary at any place on a road established by a local authority as a stand for motor-vehicles at any angle or in any position other than that which is indicated or notified thereat by the local authority; or if no such angle or position is so indicated or notified, then otherwise than parallel with the direction of the road and with the left side of the vehicle to the near edge of the road.

(5) No driver of any motor-vehicle shall leave the driver’s seat until he has—

(a) Brought the vehicle to a standstill; and

(b) Engaged the retaining-brake; and

(c) Taken any other precautions proper in the circumstances to ensure that the vehicle will not move while not under proper control; and

(d) Placed the vehicle, if on a grade, in such a position that if set in motion while not under proper control it will run towards and remain against the kerb or other corresponding obstruction at the near side of the road.

(6) No person shall crank by hand the engine of a motor-vehicle unless the retaining-brake is first firmly engaged, and no person shall disengage or cause or permit to be disengaged such brake until the driver is in his seat.

(7) Nothing herein contained shall affect the validity of any by-law of a local authority to the effect that a motor-vehicle shall not be left stationary for any period or for longer than a stated period in any specified road, or portion of a road, or place on a road.

(8) The foregoing provisions of this regulation shall not apply to any motor-vehicle being a fire-engine, fire-escape, tower-wagon, or other motor-vehicle for the time being in use on any road in connection with an alarm or outbreak of fire, or for purposes connected with any electric or other wires, or electric-tramway installation, or any other public erection or work on or adjacent to a road.

(9) The person for the time being in charge of any motor-vehicle referred to in the last preceding clause hereof shall, whenever such vehicle is stationary upon any road, take all reasonable care under the circumstances to prevent the occurrence of any accident, mishap, collision, damage, or any injury to, or interference with any person, animal, property, or object on any road or other place by reason of the presence of such motor-vehicle on such road.

REGULATION 15.—SPEED.

(1) No person shall drive any motor-vehicle at such a speed that the vehicle cannot be brought to a standstill within half the length of clear road which is visible to the driver immediately in front of the vehicle.

(2) No person shall drive any motor-vehicle at a speed in excess of forty miles per hour over any road or portion of a road not having a concrete, tar, or bituminous surface.

(3) Whereas it is deemed necessary for the due administration of the said Act, and for giving full effect to the provisions of the said Act, to make provision as to speeds which might be dangerous to the public within the meaning of section 28 of the said Act: Now it is hereby declared that if any person is charged under the said section 28 with the offence of driving a motor-vehicle at a speed which, having regard to all the circumstances of the case, might be dangerous to the public, the fact that such person drove such motor-vehicle at a speed in excess of such one of the speeds set out in the table hereunder as may be applicable, shall, until the contrary is proved, and notwithstanding the provisions of the preceding clauses of this regulation, be sufficient evidence that such person committed the said offence.

Table of Speeds.

(a) Thirty-five miles per hour in any case in which a lower speed is not hereinafter set out:

(b) Twenty-five miles per hour at any place within the limits of any borough or town district where it is reasonable to suppose that the driver of the motor-vehicle knew himself to be within the limits of a borough or town district; or at any place within the limits of any closely populated area which the Minister permits, on application of the controlling authority, to be indicated by a sign of Class B bearing the words “Closely Populated Area,” and erected pursuant to Regulation 16 hereof on such road or roads leading to the area and at such places on the road or roads as are approved for the purpose by the Minister.

(c) Fifteen miles per hour—

(i) When passing between the hours of 8 a.m. and 5 p.m. a school to which any erected traffic sign relates, except on days when such school is closed;

(ii) When approaching any intersection which is of such a nature that when the driver is 90 ft. away he has not a clear and uninterrupted view of such intersection and of the traffic upon every road leading thereto for a distance of 90 ft. beyond such intersection;

(iii) When passing any portion of a road undergoing alterations or repairs;

(iv) When passing any stationary tram on its route making in the opposite direction;

(v) When going round a curve or corner of any road if the driver has not a clear view of the road in front of him for a distance of at least 40 ft. in the direction in which he is proceeding (during which time also adequate signal must be given by use of the warning instrument);

(vi) When passing any stationary tram on its route making in the same direction, where it is lawful to pass such stationary tram.

(4) A controlling authority may fix a maximum speed for motor-vehicles in respect of any road or portion of a road under its control by enacting a by-law in that behalf in the manner prescribed by law for the making by such controlling authority of by-laws relating to traffic on roads, and by erecting on such road or portion of a road, and at all times while the by-law is in force maintaining thereon the traffic signs of Class D required pursuant to clause (13) of Regulation 16 hereof: Provided that save by permission in writing from the Minister the maximum speed fixed by any such by-law shall not exceed such of the speeds set out in the table contained in the last preceding clause of this Regulation as may be applicable to the circumstances:

Provided also that no such by-law shall justify any person in driving a motor-vehicle at a speed which is or might be dangerous to the public or any person, even though such speed does not exceed the maximum speed prescribed by such by-law.

(5) When a copy of such by-law is sent by a controlling authority to the Minister as required by section 25 of the said Act, there shall be sent therewith a sketch plan or map of the road and locality, showing the position of the traffic signs erected, but it shall not be necessary to the validity of any speed-limit fixed under the last preceding clause hereof to prove that such copy of a by-law and sketch plan or map have been sent as hereby required.

(6) Any controlling authority which has fixed, whether before or after the coming into force of these regulations, or which may hereafter fix, any speed limit for motor-vehicles or any class of motor-vehicles under any statutory power conferred upon such controlling authority independent of these regulations, shall forthwith erect on every road or portion of a road to which such speed limit relates, and at all times while such speed limit is in force shall maintain thereon the traffic-signs of Class D required pursuant to clause (13) of Regulation 16 hereof, and shall forthwith send to the Minister a sketch plan or map of the road or locality showing the position of the traffic-signs erected, and from time to time a sketch plan or map showing any alteration made in the position of the traffic-signs erected and for the time being maintained; and the provisions of clause (7) of this Regulation 15 shall apply in the case of any by-law or enactment whereby such speed limit is fixed.

(7) The traffic signs of Class D required pursuant to clause (13) of Regulation 16 hereof shall be removed by the controlling authority which has erected them as soon as possible after any relative by-law or portion thereof is disallowed by the Minister under section 25 of the said Act.

(8) It shall be no defence in any proceedings for an offence against these regulations, or under any of the sections of Part IV of the said Act, or under any other Act, that at the time of the alleged offence the motor-vehicle was being driven at a speed not exceeding the maximum speed fixed by or pursuant to this regulation.

(9) It shall be a defence to any person charged with an offence against this regulation if such person proves that he was at the time of the act or omission in respect of which he is so charged the driver of a motor-vehicle—

(a) Used by a fire brigade for attendance at fires and at the time responding to a call of fire; or