Disqualification rules ‘too widely used’

Press, Volume CXVI, Issue 34130, 17 April 1976, Page 2

Disqualification rules ‘too widely used’

fN.Z. Press Association) HAMILTON, April 16.

More than 18,000 New Zealand drivers are off the road serving disqualifications imposed by magistrates—and the Auckland Automobile Association believes many of them have been treated unjustly.

The association wants the disqualification provisions of traffic law tightened up — so that they apply only to serious offences and keep numbers within enforceable limits.

The association’s public affairs manager and editor of Auto Age, (Mr R. B. Johnstone) said from Auckland today that respect for the provisions was being increasingly eroded through indiscriminate application by magistrates. Of more than 19,000 off the roads in late 1973 (the latest figure, for May, 1975, is 18,426), 2181 were serving extended terms imposed for driving while disqualified — and that was "only the tip of the iceberg.” Ministry of Transport officers said they had insufficient manpower to police disqualification offences, and increasing use of this penalty for minor offences was causing people to ignore it. Mr Johnstone said the penalty was aimed at serious road safety offenders, not only as a punishment but to get them off the road. In practice, it could be applied to virtually al! traffic offences in the book, such as speeding, • failing to give way or obey stop signs,

disobeying traffic lights, or even incorrect parking. “If you bend the imagination a bit, disqualification can be imposed for just about everything.” The main bugbear was section 30 of the Transport Act, 1962, which stated that where no specific provision for punishment was made a fine of up to $2OO plus — if in the court’s opinion the offence was related to road safety — a period of disqualification could be imposed. The period imposed was decided by the individual magistrate." “We feel that some courts are being unnecessarily strict, and we’re alarmed that some courts are regarding disqualification as a blanket punishment.” A major effect was that responsible, otherwise “blameless” people were being barred from driving as a result of minor first offences committed “in a moment of carelessness.”

In many cases, these people felt they had been harshly treated.

"They’re shattered by suddenly losing their licence for three or six months. In effect they are being more severely damaged than the irresponsible driver who has committed one or more serious offences.

“The responsible driver observes the terms of his disqualification. The irresponsible driver just laughs at it.” The high number of convictions for driving while disqualified was “appalling.” Some estimates indicated that up to 30 per cent of disqualifications were ignored.

The association would like to see more uniformity in application of the penalty. “We feel there are so many grey areas it is no longer effective. It should be looked at carefully.” Finding a solution would not be easy.

“We’ve found that every time we’ve gone to the Government with problems involving the courts, we're told the Government prefers to keep its hands off court adIministration.”