MOTOR UNION

Northern Advocate, 17 August 1933, Page 3

MOTOR UNION

NORTH ISLAND CONFERENCE TWENTIETH OCCASION PRESIDENT’S REPORT. WIDE RANGE COVERED. (Special to "Northern. Advocate.”) AUCKLAND, This Day

The twentieth annual conference of the North Island (X.Z.) Motor Union opened this morning in the Electric Power Board Buildings, Queen Street, the attendance being large and fully representative. The following were matters of special importance referred to by the president, Mr W. A. O 'Callaghan, in the course of his annual report. — Membership. “From the point of view of the automobile' associations, the year ended the 30th June, 1933, has been a trying one. Conditions throughout the Dominion have been depressed to such an extent that a great many members have been forced to relinquish their membership. Further than this, the Government has found it necessary to impose further taxation, and the motorist has not escaped the net of the tax-gatherer. In spite of difficulties, however, it is pleasing to know that all the automobile associations in New Zealand have continued steadfastly to maintain full service to members.

“As might be expected, the total membership of automobile associations in the North Island shows a drop compared with 1932. At the 30th June, 1932, there were 29,628 persons members of associations affiliated to this union. At the 30th June, 1933, this number had dropped to 27,869, a decrease of 1,759. The following table shows the membership of each association as it stood at the 30th June, 1933. —Auckland, 15,204; Wellington, 5,026; South Taranaki, 1,385; Wairarapa, 1,390; Taranaki, 1,228; Manawatu, 1,241; Hawke’s Bay, 1,030; Wanganui, 1,365; total, 27,869. Eidges of Loose Metal. “I noticed recently that one of our magistrates, commenting on the danger arising out of the leaving of a ridge of loose metal by a grader, said that one of these days one of our local bodies will probably bo faced with an action for manslaughter. There is no doubt that a grave source of danger arises when, as unfortunately quite frequently happens, a grader leaves a high ridge of metal over a long stretch of road. The danger, of course, is aggravated when the job is incompleted by nightfall and the ridge of metal is left as a menace to traffic.

“Probably the danger would be very largely avoided if shorter stretches of road were graded at a time and finished before passing on to the next stretch. This matter is not included in the agenda paper, but I mention it as I am sure that the comments of the magistrate will be interesting to ail motorists. Driving Stock At Night, “It has been suggested in several quarters that loss latitude for the driving of stock at night should be allowed. The provisions of the Stock Act prohibiting the driving of stock between the period of half an hour after sunset and half an hour before sunrise were designed to prevent cattle stealing and not to make the road any safer for road users, because at the time that the Stock Act was originally passed the. problem of fast motor transport had not arisen. Nowadays with a fast and ever-increasing volume of motor transport it is highly desirable in the interest of public safety that stock should not be on the roads at night. Taxation. “Motor taxation in this country is so punishing in its nature and extent that I find it difficult to speak with restraint on the subject. Every time the gentlemen we send to Parliament find the revenues insufficient to meet commitments made by themselves or their predecessors they make fresh onslaughts on the motorist. The ad valorem tax on petrol, to give one example of the way in which the motorist is singled out for taxation, is now nearly 400 per cent, or more than double the ad valorem tax on any other commodity, essential or otherwise, Motor taxation has progressively increased since 102-1 to such an extent that today we are paying 700 per cent more tax than in ,1024.

"Nor is the tax-gatherer content with heavy levies upon motorists by way of registration fees, animal lieense fees, heavy traffic fees, petrol tax, etc., but the Customs Department in the last ten years collected on motor vehicles, tyres, parts and accessories, no less a sum than £9,30.°.,84.1. There being no equitable reason why the petrol tax should be increased lastyear it is perfectly obvious even to the most ingenuous motorist that the tax was increased merely because it is easy to collect. Main Highways.

"There is no gainsaying the fact that our main highways are deteriorating, due, of course, to the diversion of funds from the Main Highways Board Account to the apparently insatiable maw of the Consolidated Fund. This is a matter which no doubt will be fully discussed at this meeting, but it seems to me, essential that we should continue to remind the flnvernment that it is the worst form of false economy to allow our roads to fall into disrepair through lack of provision for maintenance.

Department of Transport. “When this department was established one section of motorists regarded it as “just another department” in our Gilbert and Sullivan departmental system; others were inclined to suspect that one of the primary objects of the new’department would be to bolster up the railways at the expense of all road-users, and recent events lead me to the conclusion that this suspicion was not at all unjustified. The fact remains that the Transport Department has placed the commercial road-user to a very heavy expense in protecting what used to be regarded as a constitutional right lo run our own business in our own way, provided that it, by its nature, came within the four corners of the law.

“It seems clear, however, that while the operations of the Transport Department may not have been without compensations to counsel engaged to piotect as far as possible the rights of commercial road-users, its principal achievement to date is to advantage the Railway Department at the expense of all road users. Speed Limit. “It is fitting that I should refer to this question immediately after cqmmenting on the activities of the Transport Department because the imposition of this speed limit, as far as wo are able to ascertain, originated with the Transport Department. We have stated that the local authorities did not ask for it, the police did not ask for it, and the Main Highways did not ask for it, and wo certainly did not ask for it, and our assertions have not been contradicted. Speed limits were abolished in England last year, but our Transport Department, is now attempting to “modernise” New Zealand road transport by adopting speed limits regarded in England as being antiquated. “Strenuous opposition to this 40 miles an hour speed limit, was offered by this union and the South Island Motor Union, with the result that it is not to be applied to surfaced roads, but it does apply to all metalled roads excepting those specially exempted. The principal argument advanced by the advocates of the speed limit was that if the average speeds in the country were reduced the cost of maintenance of roads would automatically be reduced. The advocates of this “Heath Robinson” idea arc content to close their eyes to the obvious fact that to bring about a saving of this kind 100 per cent enforcement of the law would be necessary. As this is out of the question our Legislature has been induced to add just one more useless regulation to the agglomeration of ill-considered matter that passes for legislation in this country.

Conversion or Cars. "The theft of motor cars goes merrily on. Since we last met at an annual mooting many ears have been stolen and many motorists have been put to considerable expense to recover them, frequently only to find on recovery their car badly damaged. Wo have pointed out to successive Ministers of Justice for many years that the reason that this class of offence is so common in this country is that the Legislature refuses to regard it as serious; in fact, the theft of a motor car seems to be regarded in certain official quarters as merely an escapade to be deprecated, of course, but not as anything more than ebullition of youth.

“We have repeatedly naked the Government to have the penalty increased, but we have been met with hackneyed objections, firstly, that if the penalty were increased the offenders would have to be tried by a jury and convictions would be more difficult and more expensive to get, and, secondly, that in most cases the offenders are irresponsible youths who are not criminals. Just how the same youths would be treated if they stole a few sheep worth 10/ each wo can well imagine. That would not be an escapade in the eyes of our law, the maximum penalty for this being many years’ imprisonment, but if the same youth converts ji motor car to his own use, abandons it badly damaged in some remote place, puts its owner to considerable expense to recover it, then in the eyes of the law this is merely, as I have said, an escapade. Is it any wonder that we motorists are thoroughly dissatisfied with the departmental attitude? Onus of Proof.

“An interesting suggestion will come before this meeting and that is that in motor prosecutions the onus of proof that a defendant is guilty shall be upon the prosecution and not upon the defendant to prove that he is not guilty of the alleged offence. Under the British conception of justice it is for the prosecution to prove the defendant guilty, and until that is done the defendant is presumed to be not guilty. Under the .Motor [Regulations the motorist is deemed to be guilty until he proves himself innocent.

“This is rather a striking example of the way in whieh the law fails to move with the times. When it was first decided that a motorist must be girlfy (because lie was a motorist) in til lie proved his innocence, motor cars were regarded as more or less internal machines and motorists as some strange beings admittedly of human origin but obviously abnormal. There could be no doubt in the eyes el the law at that time that the motor.st must be guilty, and so it has remained to this day. Evidence on Commission. “As you know wo have again and again urged the Government to amend the .Magistrate's Court procedure so that evidence in motor cases may be taken on commission, and if a motorist from Palrnertson North is charged

with an offence, say, in Napier, his evidence can be taken in Palmerston North and lie is thereby saved the expense of going to Napier with his wit nesses to defend the action. Every conceivable departmental objection has been raised to our request. Wo have been told that it would be more expensive to administer justice in this way; that tlie magistrate must see the accused, etc. Scant regard is had for the unfortunate motorist who is faced with two alternatives, either to go to the expense of travelling to the place of hearing, or simply letting the case go by default and being fined out of' hand.

“A good illustration of the sort of thing that can happen under our present system occurred only a few days ago in the South Island. A Mr Jennings, of Ricearton, was charged at the Temuka Court on June 13th with driving in a manner which might be dangerous to the public. It was stated that he had proceeded across three Intersections at speeds up to oO miles per hour. He was unable to appear as his business required him in Christchurch, and he was fined £4 and costs and his license to drive a motor car suspended for a period of two months. A re-hearing was obtained and the defendant, his witnesses and his solicitor had to travel down to Tima.ru. The magistrate, in granting the application for a re-hearing, said it was one of those cases in which the defendant, if not intending to appear, ought to have communicated with the Court his version of the facts. After hearing the evidence the defendant’s fine was reduced to 30/- and his license w r as returned to him. During the case there was a discussion between the magistrate and counsel in regard to the propriety of some amendment of the law under which the evidence of defendants in motor cases charged with offences not involving the question of insobriety or injury to the person might, be taken in courts other than the court of hearing. It was urged by counsel that this was a typical ease showing the necessity for some amendment. His Worship agreed that it would be well if some appropriate procedure could be laid down enabling a defendant to have his statement placed before the court as it would at least, enable' 1 the court more closely to examine the ease of the informant and thus soc that substantial justice was done.

"Our case for the simplification of the procedure is so strong,, our arguments so reasonable, and the necessity for some change so clear, that it is greatly to bo regretted that successive Governments have signally failed to see that common justice is available to the- motorist. The slowness of the Oovornment to protect the property, liberty, and rights of the motorist stands out in sharp contrast to the indecent haste with which the Government acts when some new taxation is to be imposed on motor users or some irksome regulation is to be thrust upon them.

Toll Gates on Highways. “A good deal of agitation has taken' place in the Wellington district direct-' ed towards procuring the establishment of a toll bridge at Paremata.; Toll gates and toll bridges have nd part in modern highway finance, and I feel sure that the Government will, not allow this antiquated system to creep into our national life again. 1 Number Plates.

“During the year ended March, 1032, tenders were called by the Transport Department for number plates for various periods and the tender submit/; ted by the Precision Engineering Corh-; pany Ltd., Wellington, was accepted for a period of , three years and presumably expires some time in 1035. f 1 consider that this system of issuing new number plates every year is a reproach to our national intelligence. We would be far hotter off with the English system whereby number plates are issued when a car is registered and they stay on the car until it is scrapped. “Here in New Zealand we have to' \ v.V.f. buy new number plates, paying for them a good deal more than they cost, and certainly a good deal more than they are worth, and then have all the trouble of taking off the old plates and fitting new ones. The costtc the motorists of this country of removing the old plates and procuring and fitting new ones cannot be less than £25,000 per annum, and I think wo should take some action to sec that some more sensible system is put into operation when the present contract runs out. Petrol Tax. “ Early in February of 1033 the Government launched its annual attack on the petrol user and increased the petroi tax from S.4Bd to 11.55 d (including primage) per gallon, and thereby elevated New Zealand to the doubtful eminence of levying the highest petrol tax in the world. In association w T itn our friends of the .South Island Motor Union, we made strenuous efforts to have this additional tax reduced, and as you know wo wore successful in | persuading the Government to reduce | the tax by Id per gallon. I cannot recall any other instance of a. tax I already imposed being so promptly reduced, and that it .was through the inslrumentality of the automobile associations that the reduction came about is surely still another reason why every motorist in the country should belong to an automobile association.”