Bisbee daily review., 1921-01-18
INTERPRETATION . 0E SPEED LAWS
 MADE BY ROSS
County Attorney Gives Con else Directions Regard
 ing Traffic Statutes

A COuClSe interpretation Oi the mo- tor vehicle speed laws of Arizona, which. will be enforced by Sheriff J. E. Hood on the road between Bisbee and Warren. is contained in letter writ ten by County Attorney John F. Ross to Sheriff Hood. a copy of which has been received here by Meade Powell, secretary of the Warren District Auto Club The letter follows: Mir. Joe. Hood,
 Sheriff Cochise County.
 Dear Sir:
 By request of MT. I. c. E. Adams, member of the board of supervisors, hand your office the law which believe will apply in governing the motor vehicle speed limit between the east city limits of Bisbee and the town of Lowell on the paved highway.
 Paragraph 5134, Chapter S, of the revised statutes of Arizona, 1913, reads in part as follows:
 .' No. person shall operate a motor vehicle on public highway at rate of speed greater than Is reasonable and proper, having regard to the traf- fic and use of the highway, or so as to endanger life or limb of any per son. or the safety Of any property, or in any event on any public highway where the territory contiguous there to is closely built up. at a greater rate than one mile in six minutes. or elsewhere in any Incorporated city or town, at a greater rate than one mile in four minutes, or elsewhere outside of any incorporated city or town. at a greater rate than one mic in two minutesS subject. however. to the other provisions of this chapter.
 "'Upon approaching bridge. dam, sharp curve or steep descent. and al- so in traversing such bridge, dam, curve or descent a person operating motor vehicle shall have it under control, and operate it at a rate of speed not exceeding one mile in fiji teen minutes. and upon approaching a crossing of intersecting highways. at speed not greater than is reasonable and proper, having regard to the traf. fic then on such highways and the safety of the public
 '.I am of the opinion that the pro visions quoted above apply to the conditions along the part of the high way above mentioned. I know of no provision of law defining the phrase closely built up" as used in our sta tutes. so that matter must naturally be left to the judgment of the officer enforcing the law, subject in the long run to the final determination of the the court. nevertheless. it is my Opin | ion that said phrase was intended by the legislature to apply to just suci territory contiguous to public road as is found along this section Of the highway. Subdivision ? is clear in it's Language, and fixes the rate Of speed under which a motor vehicle may be operated when approaching and mak ing a curve needs no construction, eN cept as to what may or may not con stitute sharp curve" as used il the statutes. as meaning any curve | in a highway where the view of ar Approaching vehicle is obscured unti the approaching vehicles would be SC close together as to ue liable tC cause accidents if each dr1ver IS not 1 in perfect control of his car.
 ''In the enforcement of the speed | law on the highways of the county you are not to be, governed by the | speed limit as posted aioug the high way by the board of supervisors, un less such posted speed limit is in compliance with the law. In other words in determining whether per | son is exceeding the speed limit, you will take that as provided in the sta ! tutes rather than any posted speed limit along the highway.
 ! Tn the enforcement of this speed law as points as described in the sta tuteS. you will note that you have a right to take into consideration the safety of persons and property as well as speed In other words. if per son were driving a motor vehicle with | in the speed provided by law. but in a reckless manner that would diSre' gard the safety of those travelling upon the highway, he would be vio- | latinS the law notwithstanding he was | within the speed limit
 ' ''I am Of the opinion that the i speed limit of ''One mile in six min utes" will apply to almost all of the < section of the road referred to above and that there are curves that come within the "one mile in 15 minutes : provision
 l Respectfully.
 I (Signcdl JOHN r. ROSS.
 County Attorney