MEASURE OPPOSED

Evening Post, Volume CXXIV, Issue 87, 9 October 1937, Page 10

MEASURE OPPOSED

THE MOTORISTS' REASONS

The "New Zealand Motor World," after outlining the proposed provisions of the Bill, states that the reasons why the motorists object may be summarised as follows;—

1. It is against all principles, of British justice to make a person, who is without blame liable for injuries suffered by a second persori through the second person's own fault or negligence. 2. It would be unjust to make such legislation apply to motor-cars only. If the proposed legislation can be approved in principle (which it cannot), persons injured by tramcars, railway trains, horse-drawn vehicles, and bicycles are entitled to ask to be included in the legislation, and will undoubtedly do so.

3. A grievous wrong wiL. be done to drivers of motor vehicles causing injury in that the legislation will, deprive them of the opportunity of proving themselves blameless, and prima facie evidence will stand against them which can be used in any subsequent proceedings in which they may become involved in connection with motor-car accidents, such, for instance, as a charge of manslaughter.

4. There is no evidence that any person justly entitled it 6 damages for injury caused by a motor vehicle has failed to recover them. On the contrary, there has been a strong feeling that in such casep juries have been excessively liberal.

5. The Minister of Transport has very worthily embarked upon a campaigrt to ensure careful driving, but enactment of this legislation would remove a very definite reason for observing care.

6. It is understood that the Minister considers the case of the injured third party on a par with an injured worker under the Workers' Compensation Act. There is no parallel. The worker is injured in the service of his employer, and that entitles him to protection, but the injured third party in a motor accident is a free agent and is not acting under the control or direction of the driver of the vehicle injuring him. Furthermore, in the Workers' Compensation Act a scale "of compensation is provided, but under the proposed legislation .every injured person may claim up to £2000 with a further claim at common law, irrespective of the injury.

7. Collusion will undoubtedly occur. A man is found on a country road lying in the dust with a motor-car alongside him and the driver endeavouring to resuscitate him. The driver admits that he hit the other party. There would be no question of whose fault it was, the person alleged to have been injured will collect substantial

damages by fraud which it will be impossible to combat. 8. Persons sometimes commit suicide by jumping off bridges, from high buildings, -by drowning, and other ways. After the passing of this legislation suicides could be effected by persons throwing themselves under the wheels of motor-cars, thereby leaving some substantial reward for the nextrof-kin.

9. Insurance premiums will inevitably be increased, thus adding another burden to the motorist who is already suffering from the failure of the Government to remove the 4Jd petrol tax at present being paid to the Consolidated Fund, from the additional insur-' ance premium necessitated from last year's amendment to the Law Reform Act, from the 5s per annum imposed for Warrants of Fitness, from the Compulsory Excess of £2 recently imposed on comprehensive policies by insurance companies. I