MOTOR-CAR LAW PUZZLE

New Zealand Herald, Volume LXXI, Issue 21912, 22 September 1934, Page 3 (Supplement)

MOTOR-CAR LAW PUZZLE

PROBLEM FOR MAGISTRATE MAN WHO WAS " IN CHARGE" Can a person be held to be in charge of a car which is incapable of being mechanically propelled? Sir Rollo Graham-Campbell, thd chief metropolitan magistrate, was confronted with this problem at Bow Street, London, a few weeks ago, when John Rankin, aged 37, chauffeur, was accused of being in charge of a car while under the influence of drink. A constable stated that Rankin staggered toward a car outside a restaurant and sat in the driver's seat, but was arrested before he had any opportunity of driving it. _ Rankin explained that his duties finished at six p.m. Later in the evening his employer telephoned him from the restaurant and he took a taxicab to look after the car parked there. The starting switch was locked, and as he had no ignition key he could not have started the car. . Sir Rollo: Were you not in charge of the car while you were taking care of it? —I was in charge of the baggage; not in charge of the car. Sir Rollo asked what constituted being in charge of a car ? Defending counsel argued that if & man in chargo of the car baggage was in charge of the car, any drunken carpark attendant might be convicted of being under the influence of drink -while in charge of possibly 40 cars. "If," counsel added, "you had a contraption looking like a motor-car, but with no Engine, could a man be convicted of being drunk in charge of it? What is the distinction between such a contraption with no engine and a car with an engine which cannot be used?" Sir Rollo ruled that a motorist can be legally held to be in charge of a car evtin though it is temporarily incapable of being mechanically propelled. In view of Rankin's good record, however, he dismissed the charge under the Probation Act on payment at £5 5s costs.