NEGLIGENT DRIVING

Waikato Times, Volume 122, Issue 20499, 16 May 1938, Page 6

NEGLIGENT DRIVING

It is to be hoped that the matters stressed by the Chief Justice, in his charge to the Grand Jury recently, will not be overlooked by the authorities. Speaking with a full knowledge of the legal aspects the Chief Justice said that the position caused by negligent driving, which caused death or bodily injury, was serious. He would not say that in every ease the person charged had been guilty of negligence, but drew attention to the fact that the number of cases that came before the court was negligible compared with the total number of cases throughout the Dominion. Some were settled in the civil court, and a larger number were settled out of court. In the opinion of the Chief Justice there is not a sufficient deterrent against negligent driving, and he said that the most effective way of dealing with it was the cancellation of the license with power to prohibit the obtaining of another for a number of years. The position was put very clearly. “The power to impose that penalty is limited and the court has no power to protect the people in that way unless the person is charged with one of the most serious charges.” He mentioned a case where a charge of negligent driving causing death had failed, but a civil claim resulted in damages for negligence, and tile Chief Justice endorsed the civil verdict. “But,” he added, “the court had not the power to protect the public as a result of the civil verdict.” It is a pity that the Grand Jury did not see its way, if it considered the matter, to make a presentment endorsing the opinions expressed by the Chief Justice. That would have been forwarded to Wellington and have brought the remarks from the Bench under the notice of the Government. The number of those who drive motor vehicles in such a negligent way as to be a danger to the public is small in comparison with the total number licensed to drive, and a majority of motorists would have everything to gain if those who are careless were promptly and effectively dealt with along the lines suggested by the Chief Justice. It is a serious thing when the head of the judiciary of a country states plainlj- that, in his opinion, tho courts of the land have not the power necessary to protect the public. It is understood that legislation dealing with motor transport will be dealt with during the coming session, so that there will be opportunity offered for a full discussion of the position. The Minister of Transport has shown his anxiety to do whatever he can to reduce the number of transport accidents and fatalities, and hero is a plain statement made by the Chief Justice, that the power to impose the penalties that would prove most effective in protecting the public is severely restricted.