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24th June 1977, Page 59
24th June 1977
Page 59
Page 59, 24th June 1977 — AW
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home, on a trunk road or in a country lane could all amount to contravention of Regulation 114, Over the years there has been a number of cases heard on appeal where what is an actual obstruction has been decided.

In Ellic v Smith (1962) 3 All ER 954, for instance, a bus stood at a bus stop long enough to cause an unnecessary obstruction because a relief driver was late in arriving. It was held that the driver who was going off duty was in charge of the bus until he had handed it over to the relief driver, and therefore he, althciugh not necessarily he alone, caused the bus to stand on the road so as to cause the obstruction.

Parked In Solomon v Durbridge (1956) 120 JP 231, a car was , left, in a row of others, from 1 lam to 4.15pm on Victoria Embankment. It was argued that because the motorist had parked in a line of cars he was not causing an unnecessary obstruction, It was held that the car had been left for an unreasonable time and that this amounted to unnecessary obstruction.

In Wall v Williams (1966) Grim LR 50 a taxi attempting a "U"-turn in Oxford Street brought traffic to a halt for nearly a minute. It was held that there was evidence upon which an obstruction could be found as fact and the conviction stood despite the driver's plea that his conduct had been reasonable.

In Worth v Brooks (1959) CLR 855 the appellant parked his car on the grass verge, which ran alongside a carriageway, for five hours while he attended a meeting. He was convicted of the offence of obstruction. It was held that the whole width of the highway, including the grass verge, constituted a road, and that a motor vehicle, caused an obstruction by standing on the grass verge, no less than if it had been standing on the, highway itself, and, in accordance with the evidence, the parking was an unnecessary obstruction.

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