Judge rules on tow-trucks

Press, 18 July 1979, Page 6

Judge rules on tow-trucks

PA Auckland I A tow-truck operator, Sean William Osmond, found himself the subject of a test casein the Supreme Court at Auckland yesterday after he towed away a car from an accident. He had been prosecuted in; an attempt to force an end' ■ to the warfare of rival tow- ’ truck firms. I- In March, an Otahuhui magistrate convicted him of) jtaking the car unlawfully and, without colour of right. Yes-; terday the conviction was quashed by Mr Justice) Speight. His Honour said Mr Os-) mond might regard it as unfortunate that he was the 1 subject of a test case. There was no suggestion he had) been dishonest. There had; been a history of competition! among tow-car companies to! collect accident-damaged! vehicles and the police wan-i ted to regularise this conduct) by truck drivers. Police and transport officers! had instituted a roster sys-j tem and attempted to have) car owners leave it to the offi-l cer at the scene of an acci-'

ident to decide which company (Should get the work. '; A traffic officer at the scene "|of the accident last November attempted to stop Mr OsI mond from towing away the 5 I damaged car. ') The Magistrate held Mr Os- ; mond had not been given spe- ’ cific permission to tow away ' the vehicle. ■ However, his Honour said ; another ingredient of the !! charge must also be proved: 1 ) the offender must act not only but without coi- ■ our of right. Mr Osmond, who ' had spoken to the owner of 'I the car, believed it was all | right to take the vehicle. ■| His Honour said that be•icause of the importance of ’ the case to the traffic authori- ’ | ties, he wished to make it * clear that if tow-truck drivelers even hitched their hook to 'la car before getting permis- ’ Ision from the owner or an II officer at the scene they | would commit an offence. ■I Under section 228 of the 'Crimes Act they would be : | guilty of —ilawfully, and -I without colour of right, interijfering with a motor-vehicle, •i unless there was a genuine ■'belief of authority to act.