POWER OF ARREST

Gisborne Herald, Volume LXVII, Issue 20141, 10 January 1940, Page 6

POWER OF ARREST

TRAFFIC INSPECTORS USE OF FORCE ALLOWED INTOXICATION CHARGES GISBORNE CASE ECHO In order to exercise his power to arrest a motorist on an intoxication chai'ge, a traffic inspector, whose appointment has been confirmed by. the Minister of Transport, may use sufficient force necessary to give effect to the legislation, according to a statement placed before the Gisborne Borough Council last night. The matter was raised as a result of a recent case in which a traffic inspector was uncertain as to whether he had power to use force to make such an arrest. Reporting on the matter at the request of a councillor, the town clerk, Mr. W. M. Jenkins, stated that under section 8 of the Transport Law Amendment Act, 1939, a traffic inspector duly approved as such by the Minister of Transport may arrest without warrant any person while in a state of intoxication who had committed an offence against section 27 or section 28 of the Motor Vehicles Act, 1934.

“It is obvious that power of arrest carries ■ with it at times the necessity to use sufficient force to give effect to the legislation,” the town clerk added.

No person was to be arrested, however, unless the inspector had first satisfied himself on reasonable and probable grounds that the person was in such a state of intoxication as to be unfit to drive.

Once a person had been found intoxicated in charge of a motor-vehicle, that person must on no account be allowed to drive under that condition. Once an inspector had complied with the provision of section 8, it was his duty to formally arrest the person and convey him to the nearest police station.

Inspectors were not expected to earn their salary by way of prosecutions, but to administer the by-laws and regulations with discretion, and at all times to endeavour to educate the motorist to the correct observance.