WEDNESDAY, JULY 21, 1976
FAILURE TO CARRY A DRIVING LICENCE WHILE DRIVING
NOW A FIXED PENALTY OFFENCE ******
THE ATTORNEY GENERAL, THE HON. JOHN HOBLEY, TODAY ASSURED THE LEGISLATIVE COUNCIL THAT THE OFFENCE OF FAILING TO CARRY A DRIVING LICENCE WHEN DRIVING WOULD NORMALLY BE DEALT WITH BY A DEMAND FOR PAYMENT OF THE FIXED PENALTY AND NOT BY PROSECUTION.
+PROSECUTIONS WILL BE INSTITUTED ONLY IN THE CASE OF DRIVERS WHO PERSISTENTLY FAIL TO CARRY THEIR DRIVING LICENCES AND THEN ONLY ON THE AUTHORITY OF A POLICE OFFICER OF THE RANK OF SUPER INTENDENT, HE SAID.
HE WAS REPLYING TO THE HON. JAMES WU DURING THE RESUMED DEBATE ON THE MISCELLANEOUS AMENDMENTS (ROAD TRAFFIC) BILL 1976.
MR. HOBLEY SAID HE RECOGNISED THE CONCERN WHICH HAD BEEN EXPRESSED BY DRIVERS ABOUT THE POSSIBILITY THAT HEAVY FINES MIGHT BE IMPOSED IN THE EVENT OF PROSECUTION.
+ACCORD INGLY I THINK IT APPROPRIATE TO EMPHASIZE, FIRSTLY, THAT THE MONETARY PENALTIES NOW PROPOSED ARE MAXIMUM PENALTIES AND, SECONDLY, THAT THE COURTS IN DEALING WITH INDIVIDUAL OFFENDERS MUST TAKE ACCOUNT OF THEIR PARTICULAR CIRCUMSTANCES, INCLUDING THEIR MEANS, IN DECIDING THE LEVEL OF FINE TO BE IMPOSED IN A PARTICULAR CASE,+ HE ADDED.
EARLIER, MR. WU, SPEAKING IN SUPPORT OF THE BILL, HAD ASKED FOR AN ASSURANCE THAT THE PROSECUTION FOR SUCH AN OFFENCE IN COURT WOULD ONLY BE INSTITUTED UNDER VERY SPECIAL CIRCUMSTANCES, AND THAT THE DECISION TO INSTITUTE COURT PROCEEDINGS FOR THIS OFFENCE SHOULD ONLY BE MADE BY A SENIOR MEMBER OF THE POLICE FORCE OR THE LEGAL DEPARTMENT.
HE POINTED OUT THAT THE PROFESSIONAL DRIVERS, THROUGH THE REPRESENTATIVES OF THEIR UNIONS, HAD EXPRESSED TO THE UNOFFICIALS THE IR CONCERN OVER THE HEAVY FINES WHICH MIGHT BE IMPOSED UPON CONVICTION OF THIS PARTICULAR OFFENCE.
MR. WU SAID THE DRIVERS FELT THAT THE THREAT OF A MAXIMUM PENALTY OF $1,000 OR $2,000 WAS UNDULY SEVERE FOR PERSONS WHO WERE EARNING THEIR LIVING BY DRIVING BECAUSE THIS OFFENCE COULD EASILY ARISE THROUGH ABSENT-MINDEDNESS OR OVERSIGHT, AGGRAVATED BY THE NEED TO CHANGE CLOTHING FREQUENTLY IN SUMMER AND BY THE OCCURRENCE OF A DRIVING LICENCE BEING MISPLACED, DROPPED OR STOLEN.
+MY UNOFFICIAL COLLEAGUES ARE SYMPATHETIC TO THE PLEA BUT ARE AWARE THAT THE INCLUSION OF THIS NEW OFFENCE IS CRUCIAL TO THE WORKING OF THE WHOLE SCHEME OF FIXED PENALTIES UNDER THE FIXED PENALTY (CRIMINAL PROCEEDINGS) ORDINANCE, HE SAID.
/HOWEVER,