INTOXICATED MOTORISTS

Press, Volume LXXIV, Issue 22430, 17 June 1938, Page 18

INTOXICATED MOTORISTS

PENALTIES IN OTHER PLACES COMPARISON WITH NEW ZEALAND REPORT TO ROAD SAFETY COUNCIL How does New Zealand’s law against the drunken motorist ..compare with that of other countries and states? The following comparison, taken from a report to a recent meeting of the New Zealand Road Safety . Council, shows the law of the Dominion with that ox 16 In th New la zlaland. an intoxicated driver causing death or injury is liable to five years’ imprisonment or a fine of £SOO and the suspension of his driving licence. An intoxicated driver is liable to three months’ imprisonment or £ 100 fine and suspension of his driving six months’ imprisonment and/or unlimited fine, and driving licence must be suspended for at least 12 montns unless *the Court finds special reasons to order otherwise. California; Intoxicated driver causing death or bodily injury through negligence must be imprisoned for not less than, three months and not more than five years and/or fined not less than £4O nor more than £IOOO. If under 18, driver’s licence must be revoked until 18 and if over 18 probationary licence is issued, for one year when first offender, but if not first offender revocation is for a term at tne discretion ot the controlling department and shall not be restored until third partv insurance is taken outAn intoxicated driver must be penalised as follows; First conviction, imprisonment for from one to six months and/or a fine of from £lO to £IOO. Second and subsequent convictions, three months’ to 12 months’ imprisonment and/or a fine of from £4O to £IOO. Provisions for dealing with licences are the same as for an intoxicated driver causing death or injury. Illinois: Intoxicated driver, first offence, 10 days’ to one year’s imprisonment and/or £2O-£2OO fine. Second and subsequent convictions three months’ to one year’s imprisonment and a fine up to £2OO. There are no laws for dealing with driving licences. . , , Massachusetts: Intoxicated driver subject to fine of from £7 to £2OO and/or imprisonment for from two weeks to two years. Driving licence shall be cancelled for at least one year if first offence and at least five years for subsequent offences. If intoxicated driver caused death, licence must be cancelled for 10 years for first offence and for life for offences after the first. In Australia New South Wales: Intoxicated driver liable to a fine of £SO and his licence may be suspended for such term as the Court thinks fit. . South Australia: Intoxicated driver subject to fixed penalties as follows: First offence. £2O fine and three months’ disqualification, but if the offence is trifling, the disqualification may be reduced or waived. Second offence, £SO fine and/or up to three imprisonment and disqualification for six months. Third and subsequent offences, three months’ imprisonment and disqualification, for not less than three years. The Minister may direct refusal to grant a new licence to any offender. Western Australia: Intoxicated driver subject to fine up to £SO or three months’ imprisonment. Licence may be suspended. . Victoria: Intoxicated driver, first offence, liable to fine of from £5 to £3O or 14 days’ imprisonment. Second offence, and subsequent offences, not less than three months’ imprisonment. The driving licence shall be cancelled in every case and not restored without a Court order. Tasmania: Intoxicated driver, first offence, liable to £2O fine ahd suspension of licence for three months. Subsequent offences, £SO fine or six months’ imprisonment. Licence suspended for two years for second offence and five years for subsequent offences. 1

Queensland: Intoxicated driver, first offence, £5-£SO fine. Second and subsequent offences, £2O-£IOO fine and/or up to three months’ imprisonment and driver’s licence automatically cancelled for not less than 12 months. Manitoba: Intoxicated driver, firSt offence, £2O to £6O fine, plus liability for from seven to 30 days’ imprisonment. Second offence, £2O to £6O fine, plus liability for from one month to three months’ imprisonment. Third and subsequent offences, £2O to £6O fine, plus liability for from three months’ to one year’s imprisonment. The driver’s licence is automatically cancelled for up to six months for first offence, six months to 12 months for second offence, and for ever after the second offence. Car May Be Impounded Prince Edward Island: A driver is deemed to be intoxicated if he has consumed intoxicating liquor within five hours of driving. For a first offence, the licence, is automatically suspended for up to six months. Second offence, licence suspended for from six to 12 months. Third offence, licence suspended for ever. If the person convicted owns the motor-vehicle it is impounded for three months. Ontario: Intoxicated driver, first offence, seven to 30 days’ imprisonment or fine. Second offence, one to three months’ imprisonment or fine. Subsequent offences, three to 12 months’ imprisonment or fine. The driver’s licence, or the vehicle licence, or both (if the driver is the owner) must be suspended as follows:—First offence, up to six months; second offence, three months to one year; subsequent offences, one to two years. Northern Ireland: Intoxicated driver, first offence. £5 to SSO fine and/or up to six months’ imprisonment. Second or subsequent offences, £lO to £IOO fine and/or up to six months’ imprisonment. Driver’s licence must be suspended for at least 12 months. ■ Irish Free State: Intoxicated driver, first offence, up to £SO fine and/or three months’ imprisonment. Second and subsequent offences, up to £IOO fine and/or six months’ imprisonment. Driving licence shall be suspended for such period as the Court thinks proper. Suggestions From Public The following nine suggestions were received by the Safety Council from the public:— Cl) That the suppression of drinking in vehicles near dance halls is desirable, The council supported this and also received advice that the Police Department had this under consideration. (2) That blood tests should be taken for alcohol content. The council took no action. (3) That it should be an offence to consume intoxicant in a public vehicle x>x to offer-it to thodriven*

cil agreed with this. It was also informed that the Railways Department and public vehicle organisations favoured it. • _ (4) That is should be an offence to supply a motorist with drink. -This was not supported. ' _ (5) That it should be an offence to supply a drunken motorist with petrol. This was not supported. (6) That a compulsory prohibition order should be made part of the sentence on drunken drivers. No action was taken. (7) Czechoslovakia requires a convicted driver to carry a notice on his car for 12 months. This was not supported for New Zealand. (8) That cases should be heard by Magistrates and not by Justices of the Peace. This was left to the Mimster. (9) That a distinction should be made between the offence of being in charge (i.e., not actually driving), and driving, with a lighter penalty for the former. The council agreed that this should be left to-the discretion of the Courts. ■ ■■ ~ -