The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-05-06
TRAFFIC CODE
Continued from Page One)


viding that any speed in excess of the
maximum speed posted shall be prima
facie evidence that the speed is not
reasonable or prudent and that it is
unlawful"
In other words, Mr.. Rosenwald
pointed out, the old law put the burden
of proof upon the law enforcement
official to prove that speed of more
than As miles an hour constituted reck-
less driving. The new law puts the
burden of proof on the driver to prove
that speed in excess of the zones posted
| is not unreasonable nor imprudent,"
and, therefore, unlawful. The new law,
when the zones are once posted, lends
to the enforcing official the assistance
of expert judgment which holds, as
posted on coming signs, that a speed in
excess of that posted is an unsafe speed.
The second general misunderstanding
concerning the new traffic Control Act,
Mr. Rosenwald said and perhaps the
one most vitality in need of correction,
is the impression which has been
created that the speed regulations of
the new law go into effect Immediately
and that the old As mile prima facie
evidence provision is automatically re-
pealed in favor of the 60 mile revision.
This is not true in any respect.
The new act is actually, insofar as it
applies to speed restrictions, an enabling
act, empowering the Commissioner of
/ Highways to establish limited speed
zones. To be done effectively and ex-
pertly, the establishment of such zones
will require considerable time and ex-
pert study of each stretch of road in
| the 1850 mile state trunk highway
system.
Recognizing this fact, the Legislature
specified in the new act that on any
section of street or highway outside of
municipality, and where no special
hazard exists, until the road shall have
been zoned and posted, speed of more
than 80 miles an hour in any business
or residence district, or of more than As
miles an hour under other conditions,
shall be prima facie evidence that the
speed sis not reasonable or prudent
and that it is unlawful
Thus, it becomes obvious that the
old As mile an hour regulation remains
in effect under the prima facie evidence
provision on any road until such time
as that road shall have been zoned and
posted.
Furthermore, the establishment and
posting limit zones will not relieve the
motorist of responsibility for decreasing
his speed below the rate posted when
approaching intersections, crossings or
travelling upon any narrow or winding
roadway, or when conditions Of traffic,
highway surfaces, or visibility make
further retarded speeds reasonable and
prudent as means to avoid accidents.
On the other hand, the new Traffic
Act strikes at that other bane of the
average motorists existence, the I'M
reasonably slow driver, and prohibits
the driving of a motor vehicle at a
speed so slow as to impede Or block
the normal and reasonable movement
of traffic"
Another disturbing factor to motor
traffic is met by a provision requiring
the driver of an overtaken vehicle to
give way to the right Immediately upon
the sound of the horn and not increase
his speed until the overtaking vehicle
has completely passed. This makes at
temps to race" with passing vehicles a
definite and punishable offense.
The zones to be gradually established
by the Highway Commissioner will
carry prima facie limits of 20 miles an
hour expected to be used in only rare
cases of unusual hazards, 80 miles an
hour (through business and residence
districtS), As miles an hour (where road
conditions make this maximum advis-
able), and 60 miles per hour in daylight,
or so miles an hour after dark, on open
smooth surfaced sections where yisi-
bility and other factors make such
speeds normally safe.
In discussing the various provisions
of the new act, Mr.. Rosenwald said:
: Until the zone determination has been
made and the signs actually erected
the old As mile per hour prima facie
rule will continue on roads in open
country, but a 80 mile per hour limit is
automatically in effect in all cities and