CARELESSNESS.

Press, Volume LXV, Issue 19669, 12 July 1929, Page 6

CARELESSNESS.

SPANISH DIFFICULTIES. ' NEW PENAL CODE. Asked to define carelessness, the ordinary man would answer, off-hand, "Want of care" and consider the matter settled. That leaves the question, however, as to what constitutes care, which depends on circumstances. It is a very knotty point in law, and accounts for the fewness of prosecutions for careless driving amidst our own riot of '"speeding" eases. There is no definite measure of the line between care and carelessness, every variation necessarily having to be considered on its merits. In a new penal code for motorists Spain has attempted to define carelessness. Here are a few examples of what constitutes "serious" carelessness: 1. If and when the act could have been foreseen by the use of ordinary intelligence. 2. If the time and means employed by the person concerned were hopelessly inadequate and consequently caused harm to persons or property. 3. If there should have been deliberate breaking of any laws, rules, or regulations. 4. If there should be any other circumstance which, in the opinion of the tribunal, proves the seriousness or re-k----lessness of the misdem-anour as being sutiicient for sentence. Ordinary carelessness is "When none of the above applies and the tribunal considers that the driver did not utilise foresight, prudence, or skill." These do not carvy us very far, however, because it is "if" that is the dominating factor in deciding between -ight and wrong. Keeping Examiners Scratch. Under the Spanish code any one driving vehicles for which a license of proficiency is necessary without the said license will be punished by prison, the period varying from two months to uif year, and in addition there is a fine of f.oin 1,000 to 3,000 pesetas (1,000 pesetas is about £33); but the official who grants a license to a person who should not be licensed is fined, sentenced to prison and suspended for from two to six years. For local adoption that, we think, is worthy of emulation. To all accounts, not all of our own driving license examiners earn their fees. Eight Years' Imprisonment. Under the former code the motorist in Spain could get from four months to two years and four months if his victim (a> died, (b) became blind, (c) paralysed, or (d) imbecile. The new code, however, is not so gentle, as will be seen from the following:—

2. In the event of death, paralysis, lunacy, or blindness of the victim, the penaltv is eight years' imprisonment. 2. Three years if the victim loses any principal limb or is rendered unfit for ordinary work.

3. Six months if the victim loses a minor limb or is rendered unfit for ordinary work for more than sixty days. Even if the prisoner survives eight years in a Spanish dungeon not only has the "material" damage to be squared but also the "moral damage present and future," which is based on the capitalisation of earning power. For failing to stop after an accident the punishment is from two to six months in prison, together with a fine of from 1000 to 10,000 pesetas, the above penalties in no way freeing the accused from other responsibilities which may have arisen from the a :cide.ot.