PROCEDURE FOR TRAFFIC PROSECUTIONS OUTLINED

Press, Volume XCVI, Issue 28372, 3 September 1957, Page 14

PROCEDURE FOR TRAFFIC PROSECUTIONS OUTLINED

“Broad principles” to be adopted in dealing with reported traffic offences were approved by the City Council last evening.

“Static offences” were set down in the traffic committee’s report as parking over the time limit, angle parking, parking in expired metered spaces, parking in prohibited areas and such like offences which did not create a danger to the public. First offenders would be given an official caution, except where the offence was flagrant and a traffic hazard or danger created. The committee said it would define the expression “first offender.”

Cases of speeding, dangerous driving, driving without due care and attention, driving without reasonable consideration to other road users, and other such offences should in all cases be followed by a prosecution, except where it was proved that the reason was extreme urgency, such as illness, maternity cases, etc., the committee said. In such case a caution might be issued, although the exceptions would be very few. Any breach committed by juveniles, particularly those still attending school, but excluding breaches which were dangerous, should be dealt with by the schools or the parents, providing the department was satisfied that appropriate action could be taken. In the past, it had been found that in most cases the breaches had been committed without the knowledge of the school or parents, but where it was found that the parents had little control, appropriate court action had to be taken.

Heavy Traffic Heavy traffic cases presented some difficulty, the report continued. Most offences of overloading were committed by the drivers. The Heavy Traffic Regulations did not provide for action to be taken against the driver, but the owner, who was the operator. In practically all instances the owner was unaware that breaches had been committed. It was agreed that full consideration should be given to each case on its merits.

x In collision cases, one driver invariably alleged that the other who happened to be on his left failed to yield right-of-way, while the other alleged excessive speed, and in some cases that the vehicle on the right indicated that it was about to turn to the right. Except where the offence on the part of one or both was very clear and good independent evidence was available, such cases should be left for settlement in the civil court, the committee said. To take action in such cases where there was not ample evidence that a definite breach wr committed, would not be fair as it might prejudice a civil claim. “This is left to one man,” said Cr. N. R. Forbes. “It is worse than the ‘Star Chamber’ methods which we were castigated for when I was chairman of the traffic committee in the previous council.”

He said that on heavy traffic offences, the employee was not generally the offender. If the rules of the Christchurch Transport Board were carried out, a bus would never get to its destination, he said. Instruction to Drivers

“As a former trade union secretary, I will say that in uctions have been given to drivers that they must overload,” said Cr. H. E. Denton. “I know they have been instructed to speed. What for —to protect private enterprise, private profits.” He said that the Citizen’s councillors had abolished what they had called a “Star Chamber” be-

cause newspaper criticism had been made of the system. What had been evolved was something very much worse—prosecutions had been left to one man.

Cr. A. R. Gut irey said it was difficult to tell when a truck was overloaded A truck had been stopped yesterday and checked. It was found to carry eight tons.

whereas it was licensed to carry 13. It was stopped by an officer who was one of the most experienced in New Zealand on overloading cases. Cr. M. A. Connelly, M.P., said that if employers were conniving in overloading, or even offering inducements to drivers to overload, as had been alleged by Crs. Forbes and Denton, then it was possible that they were bringing pressure in other directions to avoid their responsibilities. He said he would like the council to adopt the proposition which the Labour Party put forward at election time—that an independent committee be appointed to report on methods of traffic prosecutions.

“I get quite hurt when Cr. Connelly persists in saying that for pure political propaganda this proposition of dealing with traffic prosecutions is put forward,” said Cr. H. P. Smith. Cr. Connelly: It’s quite right. Cr. Denton: You can put me with him. Cr. Smith said that if any cartage contractor was offering an inducement to his employee to overload a vehicle or break the

law, and the traffic superintendent was told of it, then the superintendent should be rebuked if he did not put on special patrols to check on those employers. The traffic committee was working hard on traffic problems, he said.

To Cr. Connelly, Cr. Smith said that the council had two senior officers who would try to bring to the job all possible impartiality.