NEGLIGENT DRIVING

Otago Daily Times, Issue 23492, 5 May 1938, Page 8

NEGLIGENT DRIVING

DETERRENTS INADEQUATE COMMENT BY CHIEF JUSTICE EXTENDED POWERS SUGGESTED (Per United Press Association) HAMILTON, May 4. "In regard to cases of negligent driving causing death the position is serious and important, not only here in Hamilton, but generally throughout the Dominion," said the Chief Justice (Sir Michael Myers), in his charge to the grand jury at the opening of the quarterly session of the Supreme Court. "As an illustration of the gravity of the situation," continued his Honor, " I would point to the fact that not only are there three such cases for consideration here at the one sitting, but you probably noticed in the published calendar for Auckland that there are no fewer than four cases of the same class for consideration there. Here we have on ont day in two cities less than 100 miles apart seven cases for consideration in which it is alleged that negligent driving of a motor vehicle caused death. It does not follow that in every case this kind of person charged has been guilty of negligence, but, on the other hand, the number of such cases involving death or bodily injury which come before the court is negligible compared with the total number of such cases throughout the Dominion " I venture to say that scores of such cases are settled in the civil court which never come before the criminal courts at all. For every case again heard before the civil court there are scores of cases involving bodily injury which are settled either after a writ has been issued and before trial, or without issue of any writ at all. " Supposing an accused is acquitted and an action for damages is brought in the civil court," continued his Honor, "the negligent driver loses nothing, as his damages are paid by someone else. He merely suffers his own personal costs in the criminal court, and even these may be paid for him. The result is that there is not sufficient deterrent against negligent driving of motor vehicles.

"The most effective deterrent is the cancellation of the driver's licence and prohibition of his obtaining another for a number* of years. Power to impose that penalty is limited, however, and the court has no power to protect the public in that way unless that person is charged with one of the most serious charges. " The question is whether it would not be in the interests of public safety to extend the power of cancelling licences and prohibiting a driver from obtaining a licence as the result of civil actions where death or bodily injury has been proved to have resulted from negligence."