SAFETY OF ROAD

Evening Post, Issue 19, 23 July 1934, Page 10

SAFETY OF ROAD

POWERS UNDER ACT

NEGLIGENT MOTORISTS

DRIVERS' LICENCES

Should there be an extension of the power conferred by a section of.tho Motor Vehicles Act authorising in certain circumstances cancellation of motor-drivers' licences and prohibition against a person being granted a licence for a period of years? The question was raised; ' by the Chief Justice (Sir Michael Myers).in the Supreme Court today after lie had given the Grand Jury a summary of tho evidence for the Crown in three cases in which negligent, driving of a motor vehicle is alleged. His Honour said.he sometimes wondered if the'power conferred by the Act went far enough. '

"There is one general aspect of the statute law relating to motor, vehicles to whichl think that.l may refer," said his Honour, : ' f though *it must not be assumed that my: observations are necessarily referableto any of the cases now. beforeaho'Court. ; Section 22 of the Motor Vehicles. Act, 1924, so far as it -is material to the particular aspect of the 'case that I am referring to, says this:: —'The Court before which any person is convicted-" of- an. offence against this Act or of any offence in connection with the driving of . a motor vehicle (oth-er than a first or 'second offence consisting solely of exceeding any limit of speed) may, if the person" convicted, holdfe a' motordriver's licence, under. 'this' Act, suspend that licence for- such time as the Court thinks fit, and may also declare the person convicted.to be disqualified from obtaining a motor-driver's licence for such further time after the expiration of the licence as the Court thinks fit.' : ■' ' . \ ;;-..■•'■ ■ FITNESS TO DRIVE. "I sometimes: wonder, gentlemen, whether this power goes far enough. It may well bo in criminal charges under this statute, where, tho accused person is acquitted and also in civil actions where negligence'■'. ill the handling of a motor:ear is;thb gist of the action that tho accused person or one of the civil litigants as tho ease may bo either appears; temperamentally unfit to drive. a motor-vehicle or otherwiso appears to be a-person not safe in. the public interests to be entrusted with a driving licence. For ;exaniple, not long ago in another town I had to try for negligent driving causing death a person who, on: liis own admission had taken during, his journey within if period of about three hours immediately preceding the casualty no fewer than nine alcoholic drinks, several containing beer and two spirits. The jury in: that. case visited the spot where the casualty happened and found that it was a dangerous locality. They acquitted the accused, and .1. do not say that they were not perfectly justified in doing co. Tho Court iii such a case, however, has power, and the question is whether the power conferred by subsection 1 of section 22 of the Act should not bo extended. I rccoguiso that such an extension -would give the Court a very wide power which would have to bo exercised with care and discretion. Tho safety of the road, however, is a matter of supreme importance, and, therefore, without expressing, any definite opinion I merely mako'the suggestion, which may or may not be regarded as practicable, but which may bo at least worth consideration. If the suggestion be thought practicable —that is, ; tho suggestion; of the extension of the powers of the section—but the- power be considered; too drastic to b.e exercised, by a single judicial officer, that difficulty ■ might be overcome by giving a right of .appeal. OVERSEAS "INTEREST. "This question of the cancellation:of licences and; the prohibition against a persou being granted a licence for a period of years is a matter which is oxercising the minds of the authorities in other countries as well'as New Zealand. I noticed, for. instance, in an issue of tho English 'Law Journal' of April 28,.,1934, this statement iii one of the. editorial notes: 'We havo over and over, again expressed the same belief, and" wo rejoice that the effectiveness of the penalty of suspension of driving licences, in reducing dangerous driving, should have received so authoritative endorsement. We observe that tho Home Secretary has stated in the House of' Commons that some Benches of Magistrates have, in response to his recent, inquiry, expressed the view that tho power of suspension should be extended to those cases of careless driving to which it. does not; apply.'

"I'canriot tell you just precisely what that, means." concluded his Honour, f'but it evidently has some referencn to somo such, auestion as that to-which I have thought it within my province and my. duty to make these few observations to you." .'.■"'.'■■