Pressure For Change In Blood-Alcohol Law

Press, Issue 32345, 10 July 1970, Page 24

Pressure For Change In Blood-Alcohol Law

# (New Zealand Press Association) WELLINGTON, July 9. There was pressure for certain changes in blood-alcohol legislation, and a close study was being made after a year’s operation, the Minister of Transport (Mr Gordon) told Wellington justices of the peace at a luncheon yesterday.

“The limits to which legislation can pressure the public to stop driving while under the influence of alcohol are set by the tolerance of the community towards interference by authority in its individual freedoms,” he said.

“It is the social norm to drink and, unfortunately, to combine driving with drinking. The blood-alcohol legslation is not the complete answer to this problem, but it is considered to be the most appropriate measure in the circumstances.”

A full statistical report for the first year’s operation of the legislation was being printed and should be in his hands within a few days. The intention of the bloodalcohol amendment to the Transport Act was to strengthen legislation and at the same time protect the driving public from undue infringement. A person with a 100 milligrammes of alcohol per 100 millilitres of blood was six times as likely to cause an accident as a nondrinking driver. “The amendment makes it an offence to have such a blood-alcohol concentration and an offence to refuse a blood test," he said. “The breath test was, and is, part of the screening mechanism to protect the public. A driver has to be reasonably suspected of driving under the influence, and then has to pass through two screening breath tests, or refuse these, ; before being asked to give a i blood sample. “1 should re-emphasise that i it was the definite aim of > the legislation to spell out > that all breath tests are I screen tests only and cannot l be the subject of prosecution. ’ “Equally so, there has been some concern expressed that ! the manner in which the ■ breath tests have been taken 1 can be mounted as a defence ' to a subsequent blood test, r This is being looked at at i the present time.” The blood-alcohol amend--1 ment was not a harsh mea- ' sure, he said. In the United Kingdom there was a set level ' of 80 milligrammes and a 1 minimum driving disqualifica- [ tion of 12 months, as against 3 six months in New Zealand In Norway and Sweden a blood-alcohol content of only * 50 milligrammes was an ’ offence, with a system of canJ cellation of licences and mandatory gaol sentences.

“The measures we have are an attempt to alleviate the problem of alcohol and road safety,” he said. “If statistics show that the measures

are not as effective as envisaged, then changes could occur. “If they do it is likely they will be a matter of degree and not concerned with the fundamental approach.” One matter that caused him some concern was the presumption of innocence where the suspect had given a negative breath test. “Under the present legislation it is felt that some suspects are, in fact, escaping due penality by being able to return a negative breath test,” he said. "I am delighted to observe that in many cases my officers

i- have, in such circumstances, 1 taken the keys and barred the driver from having y charge of the vehicle for a a suitable time limitation.” e Many overseas countries had adopted or were consider1 ing the adoption of legisation s similar to New Zealand’s. s Trying to assess the effect i of traffic offences on the driving behaviour of the public - was one of the most difficult • aspects of traffic enforcement ! “The majority of drivers s have no contact with traffic i enforcement at all, and no more than a few would have > more than a passing knowi ledge of the list of transport

offences on the statute books today," he said. Half of the New Zealand population had a licence to drive and in any one year about three-quarters of the country’s motorists would have little or no personal contact with traffic officers. “The influence on their driving behaviour has to come from other areas,” he said.

Of the 292,687 drivers reported last year, only 103,374 were prosecuted. “In these cases the deterrent moves from a threat to a reality and the effects of penalties on drivers is a highly debatable issue,” he said.

Far too many drove while disqualified, and there were cases of several convictions for the same offence.

However, inferences could not be drawn from statistics without a great deal of study and research.

“Fines, imprisonment, disqualification these are the threats behind traffic regulations, to be used with caution and reserve,” he said. He expressed concern at the ease with which some traffic offenders regain their licences after a disqualifies tion.

“I am perturbed at the one or two cases where driving licences have been obtained relatively easily from the courts,” he said. He was looking closely at the system of disqualification Consideration was being given to tightening up the degree to which a driver could regain his licence after disqualification. However, because of the different circumstances of individual cases, it would be intolerable to remove en tirely the rights of some disqualified drivers to gain a restoration of licence.