Driving conviction

Ruapehu Bulletin, Volume 10, Issue 483, 27 April 1993, Page 11

Driving conviction

Rangi Hawira, 40, trainee pastor of Tauranga, appeared to defend a charge of careless use of a motor-vehicle on State Highway 4 (the Parapara Road) on 19 September last year. Court heard how the light Mazda Crew-cab truck driven by defendant had been in collision with a Toyota Cressida being driven north towards Raetihi by Paul Brown of Wellington. The collision about 12 kms south of Raetihi, resulted in the Cressida being 'written off. Paul Brown gave evidence that as he rounded a berid he first saw the Mazda truck about 300400m ahead. It was stationary on the right-hand side of the road but headed in the same direction as himself (north towards Raetihi). He then lost sight of the truck because of a dip in the road but as he came out of the dip arid rounded another slight bend he saw the truck moving at right-angles across the road and in his (lefthand) lane. Travelling at 80-100 km/h he braked and steered onto the left-hand shoulder of the road but was unable to avoid a collision. His car struck the truck between its cab and rear-wheel arch. Police officer Ian Harrison of Ohakune, who was called to the accident, gave evidence saying that when he interviewed Hawira, he was told that defendant had looked into his left-hand rear-view mirror before crossing the road to drive through a gate into a paddock on the opposite side of the road. There was no sign of another vehicle behind him (defendant) as he started his turning manoeuvre though Hawira did admit that his rearview mirror may not have been adjusted to pick up a blind-spot. Police officer Harrison said that he had identified the point of impact as being in the gravel at the side of the road where bits of broken plastic were found. Defence witness

Andrew Walker of Tauranga then gave evidence saying that he had been a passenger in the truck when it stopped on the right-hand side of the road to allow him to get out, cross the road and open the gate. He had not seen or heard the Cressida approaching until the screech of brakes and the sound of the impact. He said that when the collision occurred the truck had crossed the road and was almost off the tar-seal gaining speed in order to have some momentum to carry it through a muddy patch near the gate which was some 6-8m back from the road. Hawira then gave evidence on his own behalf. He explained that he had been parked on the right-hand side of the road to allow his passenger to open the gate so that he could get a good run across the road and gain some momentum to avoid getting stuck in the muddy patch as the truck was heavily loaded with builders-mix, sand, a concrete-mixer and a 40-gallon drum of water. It was for this reason he was unable to look out of the cab's rear-window and had to rely on his left-hand rear-view mirror. He had not seen the other vehicle either before or during the turning manoeuvre until he was well across the road. He heard the screech of brakes when the cab was already off the tar-

seal and onto the shoulder of the road. He said he accelerated to clear the left-hand lane completely thinking that the Cressida would then have plenty of room (both lanes) to go round behind him but the driver "took the wrong option" and steered to the left off the road and into his truck. Judge Watson complimented defendant and all witnesses on the "very fair way" they had given their testimony but said he found the charge of careless driving proved. He found that Hawira had not exercised the requisite standard of care

expected of a prudent driver and that defendant should have known that, being a State Highway, vehicles would have been travelling at speeds of up to "and in excess of'lOO km/h. Hawira was convicted and fined $150.