“SERIOUS BLOW”

Evening Star, Issue 23500, 14 February 1940, Page 11

“SERIOUS BLOW”

MOTORISTS AND ACCIDENTS PROPOSED LEGISLATION ASSAILED AUTOMOBILE ASSOCIATION'S CRITICISM “ The possibilities of the Bill are tre- , mentions and have not been properly realised by the average motorist,” said Mr P, W. Breen, president of the Automobile Association (Otago), when entering a strong protest that was fully endorsed by the executive at its meeting last night against the appointment by the Minister of Justice (Hon. H. G. R. Mason) of a committee to report on his proposal that the doctrine of absolute liability in motor accident cases should be investigated. The interpretation placed by members on Mr Mason’s action in forming the committee was that it would eliminate the question of negligence as a ground for damage sustained when motor accidents occurred 'and change the incidence of the burden of loss caused by motor car Accidents so that this loss would rest' primarily on the owners of . the motor vehicles involved. 1‘ ,The underlying philosophy of this intended legislation is that motor traffic is now inherently dangerous,” commented the Chairman, The fact that the personnel of the committee did not include any member of a motorists’ organisation was also deplored by the executive, and it w r as decided to refer this aspect of the position to the South Island Motor Union along with the general protest. “'lt appears from the formation of the committee that the Minister is determined, if he can get sufficient support, to introduce his Bill,” said Mr Breen. He added that it was to be regretted that such a controversial question should be reopened at the present, when the country was at war. This'was quite an inopportune time for such a contentious subject to be raised. A very strong protest should be recorded against the constitution of the committee, which did not include_ a representative of motoring organisations. It would be noted, commented Mr Breen, that motorists affiliated with the Automobile Associations throughout the Dominion numbered over .100,000, and it was surely fitting and just that they should be directly represented on this committee. The Minister had-said when announcing the personnel of the committee that juries to-day, knowing that every motorist wns covered by a third-party insurance policy, were prone to give judgment for the plaintiff in nmning-down cases on verv slender evidence. The remedy, said Mr Breen, was surely not to throw the whole liability on to motorists, hut rather to alter the tribunal procedure by allowing such cases to be heard before the judge alone, the judge having the assistance of two assessors.

, INCREASED PREMIUMS. It cannot be doubted that should i.(je Minister’s proposal be passed by our legislator:-. the premium rate for compulsory third-party risk will be substantially increased, and this at a time when motorists, together with other s-u tians of the community, ore feeling the. effects of heavy taxation,” said Mr Breen. ‘‘ Probably one of the most objectionable features of the .proposals utide/ consideration is that it will have the effect of defeating all the good ■vr.otk that has been done by Mr Semple (Minister of Tramsporl), together with .niotor organisations in educating pedestrians as to their responsibility.” Mr Breen added that on one hand there was Mr Semple making major efforts to reduce the regrettable tol l of human life, and on the other hand the Minister of Justice, in Mr Mason saying in effect to pedestrians that whether they were careless or not it would be seen to that they were compensated for their injuries. Every effort must be made by this and other associations, said Mr Breen, to defeat what was believed to be proposals which he described as both unjust and contrary to the principles of British justice. WHOSE FAULT? Mr A. E. Ansell pointed out that besides carrying the burden of taxation motorists under this proposed legislation would be carrying a much higher premium on. third party risks If the whole responsibility were placed on motorists they would have to carry it. Steps had been taken throughout the world to educate motorists, but thi* legislation would have an adverse affect. The motorist would be blamed for the pedestrian’s faults. If accidents were to be reduced the pedestrian as well as the motorist would have to play bis part.' The proposed 'Bill would have the opposite result. Mr Breen: The premiums for third partv risk mav be raised possiblv from £1 6s to £2O. 'Mr Ansell : f think this is one of the most serious blows aimed at motorists in recent years. The petrol fa* is not in any way as serious On Sir Ansell’s suggestion it was agreed to pass on the test of Mr Anseli’s remarks to the South Island Motor Union. A motion by Mr W. J. M‘Lines to the effect that a representative of a motor organisation should be represented on the committee, was also carried.