Sub Inspector Of Police V. Fernando

Present: Akbar J.

SUB-INSPECTOR OF POLICE v. FERNANDO.

250-M. C. Colombo, 1,140.

    Motor car-Driving in a manner dangerous to the public-Factors to be taken into consideration-Volume of traffic-Gross roads- Ordinance No. 20 of 1927, s. 57 (2).

Where a bus was driven at twice the authorised speed along a road over which a volume of traffic may reasonably be expected owing to the vicinity of cross roads,-

Held, that the driver was guilty of driving in a dangerous manner.

Held further, that if the driver of a motor car drives it in such a manner that it is or is likely to be dangerous to the passengers in such vehicle or to other vehicles or persons on the road it  would be an offence under section 57 {2) of the Motor Car Ordinance of 1927.

APPEAL from a conviction by the Municipal Magistrate of A- Colombo.

Rajakariar, for the appellant.

Ilangakoon, C.C., for the Crown.

July 22, 1929. AKBAR J.-

 This is an appeal from a conviction for the offence of driving a motor bus in a dangerous manner, punishable under section 57, sub-section (2), of the new Motor Car Ordinance, No.' 20 of 1927, and a sentence of Rs. 100 fine.

As the questions of law and fact which arose on this appeal were very perplexing, I issued a notice on the Attorney-General to enable him to be represented. The argument has been a full one, and I am. indebted to the Crown Counsel for the help he has given me. The difficulty on the point of law is this: This Ordinance according, to its short title was meant to amend and consolidate the law relating to motor cars and to amend the Vehicles Ordinance, No. 4-of 1916. Section 48 of Ordinance No. 4 of 1916, which still applies to ordinary vehicles and which also applied to motor vehicles before the Ordinance of 1927, is as follows :

" If any person having the charge or care of any vehicles-

" (a) Shall drive the same on, any public thoroughfare, street, or road recklessly or negligently, or at a speed or in a manner which is likely to endanger human life, or to' cause hurt or injury to any person or animal or damage

to any vehicle or to goods or person carried therein or which would be otherwise than reasonable and proper having regard to all the circumstances of the case, including the nature and use of the public through fare, street, or road, and to the amount of traffic which is actually on it at the time, or which may reasonably be expected on it;

" (b) Shall be in a state of intoxication while driving such vehicle, or while in charge of it on a public throughfare, street, or road-

he shall be guilty of an offence, and shall on conviction be liable to a fine not exceeding fifty rupees, or to imprisonment, simple or rigorous, for any period not exceeding three months. "

Section 57 of the Motor Car Ordinance, which replaces the old section 48 so far as it applied to motor vehicles only, contains the following words in sub-section (2):-" If any person drives a motor car recklessly or in a dangerous manner or at a dangerous speed, he shall on summary conviction by a Police Magistrate be liable to a fine not exceeding five hundred rupees. " Dangerous to whom ? Must the driving be dangerous to passengers in the vehicle or to pedestrians and vehicles on the road or to those who might reasonably be expected to appear on the road at any time or to all these ? Owing to the disappearance of what I consider to be very
material words in the old section 48 of the Vehicles Ordinance, I was not sure what the intention of the draftsman was, whether to extend the provision of the law applicable on the point or to restrict it. Section 48 of the Vehicles Ordinance was modelled on the English Motor Car Act of 1903, which was drafted with the express purpose of reproducing the effect of the decisions under the earlier status of the two cases of Smith v. Boon1[1(1901) 81 L. T. 593.] and Mayhew v. Sutton2[ 2(1902) 86 L. T. 18.] (see 2

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