Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1915-03-26
Burden On Motorists.

Automobile Commissioner Harry A. Roe
has given out statement regarding the
legal obligation of motorists to be at pains
to prevent accidents Mr.. Roe recalled the
recent decision by Judge McLane in the
case OF the State against 7. Scott Offutt.
In this decision Judge McLane held that.
under the law, speed in excess of IL miles
an hour in the city, IS miles in the suburbs
and rs miles in the country districts is
prima facie evidence of reckless driving.
Judge McLane held, too that the law does
not fix these speed rates as the legal ones !;
they simply are the limits beyond which
driving necessarily becomes reckless. An
obligation is upon drivers going at lower
speed to avoid recklessness, according to
the immediate surrounding conditions.
Mr.. Roe said
Judge McLane's opinion in the case of
the State Of Maryland against 7. Scott
Offutt vigorously sustains the speed pro-
visions Of the Automobile law and en-
phasizes strongly the duty imposed upon
the motor operator to exercise unusual care
and caution in the driving of the motor
vehicle.
1.-THE Automobile law provides that no
person shall operate motor vehicle over
any public highway of this State recklessly
or at rate Of speed greater than is rea-
sonable and proper, having regard to the
width. traffic and use Of the highway The
offense under this law consists of driving
recklessly or at an unreasonable or impro-
per rate Of speed.
AS test Of what constitutes reckless
driving or unreasonable speed. the law has
set up standard of IL miles an hour in
the city, IS miles an hour in the suburban
section and rs miles an hour in the coun-
try district. This means that speed in ex-
cess Of such rate is prima facie evidence
that the motor operator was operating his
machine recklessly or at an unreasonable
or improper rate of speed and casts the
burden Of proof upon him to show that I'M
der all the circumstances of his particular
case the rate of speed was not greater
than what was reasonable or proper.
"As the Judge says. the language of
the law would appear to be so plain as to
leave no room for doubt as to the mean
ing Of the Legislature in enacting it, He
further says in his opinion, the reference
in the act to the speeds of IL. IS and rs
miles an hour, in certain places is not for
the purpose of establishing those rates of
speed as lawful rates to be maintained by
operators Of motor vehicles in those places
The act simply provides that il those rates
of speed are exceeded, that fact alone is
in itself prima facie evidence that the OPP
orator was driving at rate greater than
what was reasonable and proper and in
violation of the law, and it throws the
burden Of proof on the operator to show
the contrary
"Now. what is reasonable and proper
speed under the facts Of each particular
case is the underlying test. for it is within
common knowledge that slower rates of
speed than IL. is and rs miles an hour in
the districts specified can be. and often are,
unreasonable and not proper under certain
conditions Of traffic and upon narrow high
ways
THE Judge says. In short, the law puts
IL squarely up to the motorist to exercise
due care at all times. HE has no exclu-
sive or greater rights on the highways
than other travellers. On the contrary,
owing to the nature, character and ready
control Of the vehicle which he operates
the necessity for greater care of and re-
spect for the rights of others using the
highway is cast upon him than upon the
pedestrian, horseman or horsedrawn We
hicle, and the Judge closes by saying that
In fact. all the provisions of the State law
governing the motor vehicle traffic are so
clear and minute that aside from the ele-
ment of human carelessness it should be
impossible for any operator of motor
vehicle who has read it to 90 wrong. ex-
cept by his own willful act"