VEHICLES IMPRESSED FOR E.P.S. SERVICE

Southland Times, Issue 24759, 2 June 1942, Page 4

VEHICLES IMPRESSED FOR E.P.S. SERVICE

PERSONAL LIABILITY OF DRIVERS Advice is given in a circular issued by the National Service Department that any E.P.S. officer or other member who has to face any legal proceedings arising out of the performance of his duties should plead a regulation which throws upon the plaintiff the task of proving wilful wrong-doing or wilful default. The regulation is as follows: — “No person, being an officer or other member of any unit, shall be liable for any act or omission in. the performance of his duties as such member, unless it is proved that the act or omission complained of was due to his wilful wrong-doing or wilful default. Under the Motor Vehicles Impressment Emergency Regulations 1941, vehicles required for E.P.S. purposes are made subject to a notice of intention to use.” Regulation 22 (3) provides that where such a vehicle has been delivered in accordance with directions given by a responsible K.ir.o. authority under the regulations, compensation in respect of its use shall be paid to the owner. The word compensation” was purposely used to cover any damage to the vehicle or equipment concerned when m use by any branch of the Emergency Reserve C °Owners of vehicles which are subject to the “notice of intention to use for EPS. purposes will not, however, be entiled to compensation for war damage under Regulation 22 (3) if the damage occurs before the vehicles are “delivered” as defined by tlie regulations Owners desiring such additional cover should therefore arrange to take out war damage insurance.