MOTOR LAWS

Press, Volume LXX, Issue 21245, 17 August 1934, Page 21

MOTOR LAWS

QUESTION OF ONUS OF PROOF CONVERSION OF CAHS Legal matters of special interest to motorists are discussed in the report which will be presented to the annual conference in Napier to-day of the North Island. Motor Union by the president (Mr W. A. O'Callaghan). The report discusses the proposed amendments to the motor regulations as well as the problem of motor-car conversion and its punishment. "As the law stands to-day," says the report, "if a motorist is charged with exceeding a speed limit the onus is upon him to prove that he was not doing so. This is a reversal of the ordinary principle of British justice that an offender is deemed to be innocent until he is proved guilty, and it is pleasing to see that the unfairness of the existing practice is recognised by the Transport Department, and it is proposed, under the amendments to the motor regulations, that the onus of proof in such cases will be shifted 4 o the traffic authority alleging the offence, who will then have to prove that the motorist was, in fact, either driving to the common danger or, if a speed limit is prescribed, exceeding that speed limit. "At present it is an offence to drive a motor vehicle unless the driver carries his driver's license with him. The proposal contained in the suggested amendment to the Motor Vehicles Act is that a driver shall be allowed 48 hours within winch to produce his license to the traffic authorities. This concession will no doubt be welcomed by motorists, although it is somewhat belated. New Number Plates "Under the motor regulations a motor-car must carry the current year's number plates and they must be affixed on June 1 in each year." states the report. "The motorist is not allowed to display the current year's number plates before that date. Therefore, to Comply with the letter of the law, motorists are required to go out at midnight on May 3 to fix their new number plates. Some definite date, of course, must be prescribed upon which the old number plates must not be used, but one finds it difficult to conceive of any traffic authority taking advantage of the law as it stands to institute prosecutions. Yet the unexpected has happened, and in Palmcrston North recently more than 50 motorists were prosecuted for failing to comply with the regulations an i using their vehicles on June 1 without the current year's number plates affixed. One man was actually putting ins plates on when he was apprehended. In order to prevent such an absurdity arising in future it seems to me that the law might well bo amended to allow motorists to affix their number plates within the week preceding the first day of June. Any person not doing so of course won!'"! be liable to prosecution, and we find no excuse for him, but it seems to me that we must take some steps to sec that motorists are protected against exploitation such as recently occurred in Palmerston North. "At the present time motorists nn> charged 2s Od per annum for their number plates. The Post Office receives from the Main Highways Board Is fid for eacli registration eifectel. and this Is (id, of course, comes out of motor taxation. We have suggested h> the Postmaster-General that number plate; could quite well, be sold ...t.P motorists at Is a"set. as it is unreasonable that the Post Office should make a profit out of selling number plates when it is already adequately remunerated by the Highways Board for work done in connexion with registration, f think it is safe to say that the Post Office is making in the vicinity, of ,': 10,000 a year out of selling numb'r piates to motorists, and in view ol the heaw burden of taxation already earned'by motorists. I think Unit I am justified in observing that this is .a: unfair imposition. The Conversion I'roblcm "One of the most exasperating things thai can happen to a motorist is ro have his car stolen or 'converted,' as the laws calls the ofience," the repot continues. "The penalty for this offence at present is up to three months' imprisonment, and we have mairitaine 1 for 'many years past that the penalty is so inadequate that, m effect, it encourages motor-car thieves. Almost every day a motor-car is stolen in New Zealand, and during this present year there have been tour cases where violence has accompanied the wrongful conversion of a vehicle. We have, on behalf of motorists, urged every Minister for Justice for many years past to increase the penalty so as to stamp out the offence, and I am y'iad to be able to report that we are now assured by the Hon. J. G. Cobbe that the Government this year propose-; to introduce legislation designed to increase the penalty. While referring to tins matter. I am reminded of a case which occurred last month in which a man who stole a sheep valued at £1 was sentenced to six months' imprisonment. Yet, if fhc same man had converted a motor-car valued at £SOO. the most that he could have received would have been three months' imprisonment. "Thanks are due to ' the New Zealand Radio Broadcasting Board for its invaluable co-operation with the Automobile Associations in, from time to time, broadcasting descriptions of cars that have been converted. A number of cases can be quoted where, as a result of the broadcast, the missing car has been recovered, and in one particular instance that I know of the. thieves were caught red-handed."