Anomaly Found In New Transport Act

Press, Volume CII, Issue 30171, 1 July 1963, Page 12

Anomaly Found In New Transport Act

(New Zealand Press Association)

AUCKLAND, June 30

A motorist has been convicted at Pukekohe of an offence Parliament believes it has abolished—being in charge of a vehicle while under the influence of drink.

In the new Transport Act. which came into force on May 1, Parliament intended that the prudent motorist who realised his condition and did not try to drive would not offend by “sleeping it off" or waiting for sobriety in his car. He would offend only if he failed to hand over his keys when asked. Mr Stewart Hardy, S.M., has accepted the argument of Mr B. Q. Webb, of Pukekohe, that the drafting of the new act is so clumsy that the old “in charge" offence remains

and a new one—failing to give up the keys—has been introduced.

Mr Webb was appearing for a client charged with being in charge of a vehicle while under the influence of drink to such an extent as to be incapable of having proper control, and failing to comply with a constable's requirement that he deliver up his ignition keys

Mr Webb contended that Parliament's intention was that,there should be only the offence of failing to surrender his keys. But, as drafted, the new section 59 of the act appeared to contain two separate offences. An essential of criminal law was that no one information should disclose two offences, and the information against his client obviously did, said Mr Webb. “I don’t think the section can be considered as correctly drawn.” said Mr Webb. The Magistrate said he agreed. If the act was read grammatically, then two offences appeared to be charged in one information and this could not be permitted.

Senior-Sergeant H. W, Austin said he had read the whole of the section as one, but now sought leave to withdraw the charge as laid and substitute another.

The Court agreed, and so a new charge embodying the old offence “in charge while under the influence of drink to such an extent aa to be incapable of having proper control” was preferred. On the facts, with mention as well that the motorist pocketed his keys and refused to hand them over, the Magistrate imposed a £25 fine and six months’ cancellation of the driver’s licence.

The . Magistrate suggested that the attention of both the police and the Commissioner of Transport be drawn to "the deficiencies which relate in regard to the section.”