MOTORISTS’ LIABILITIES

Evening Star, Issue 23292, 14 June 1939, Page 4

MOTORISTS’ LIABILITIES

ALLEGED ACTION BY INSPECTOR THE MILTON CASE DISCUSSED Members of the executive of the Automobile Association (Otago) discussed at souie length, at the meeting of that body last night a matter which has recently received a fair amount of publicity. This was the case in which a driver of a private ear had, it was alleged, been forbidden by a transport inspector at Milton to convey members of a party to another town. The matter came before the meeting in the form of a statement by the president (Mr P. W. Breen) and ittrcceived close attention in view of the importance of the point of law involved in respect of motorists’ passenger liability. A personal report had been received ty the association, said Mr Breen, from a Milton member to the effect that a motorist who' was conveying members ■of a.. girls’ ■ hockey team 1 to' Lawrence on Saturday, June 3, was interviewed by a transport inspector at Milton and forbidden to continue. his journey, on account of the risk involved in the event of an accident and possible injury to anv of his passengers. Another carload had left some time previously, and the driver of this car, who had 1 two daughters on board as well as other hockey players, was interviewed at Lawrence by the same inspector, and -also advised that the carrying of those passengers was against the regulations. The member concerned had assured the association that the players had not been asked to contribute to the expenses of the trip, nor would any payment have been accepted from them. The association had not the department’s report as to what was said by the inspector, but it had reported the circumstances to the Transport Department, and, of course, could not comment until a-reply was received. As the association had received numerous requests from members for information since this case was reported, and for the benefit of motorists who assisted in transporting athletic teams round the country or who only invited'a friend, said Mr Breen, the position should be pointed out that it was a definite offence against the regulations for a private motorist to accept payment of any kind from passengers.

Passengers in a car involved in an accident with another vehicle were covered by third-party compulsory insurance ; but in consequence of a memorandum just received by the 5.1.M.U., there appeared to be considerable doubt as to whether passengers were so covered if the owner of the car was proved solely negligent through accident with another vehicle. The position was entirely altered, added Mr Breen, if an accident occurred without another vehicle being involved, and the driver might find a heavy claim for damages lodged against him for possible injuries to passengers ; but negligence must be proved against him first. Numerous .motorists, had protected themselves against any possible claims by taking out passenger protection policies, which might be obtained from motor insurance companies.

Mr W. J. M'lnnes asked what was the inspector’s idea in advising the motorist that his action was contrary to the regulations. - " * ‘•'That is a matter for 'inquiry by the department,” answered the Chairman, who added that he understood that an inquiry was now being held.