XN000022-1975-10-01 — Page 9

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WEDNESDAY, OCTOBER 1, 1975

TIGHTER CONTROLS PROPOSED ON OVERCROWDING

IN VEHICLES

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DRAFT LEGISLATION WHICH AIMS AT ENSURING GREATER SAFETY FOR THE TRAVELLING PUBLIC WAS INTRODUCED IN THE LEGISLATIVE COUNCIL TODAY.

THE ROAD TRAFFIC (AMENDMENT) BILL MAKES IT CLEAR THAT REGULATIONS MAY BE MADE RESTRICTING THE NUMBER OF PASSENGERS WHO MAY BE CARRIED IN ANY VEHICLE, AND TO MAKE THE VEHICLE OWNER LIABLE FOR THE OFFENCE OF CARRYING EXCESS PASSENGERS.

INTRODUCING THE BILL, THE ATTORNEY GENERAL, THE HON. JOHN HOBLEY. NOTED THAT THE EXTENT TO WHICH BUSES ARE OVERLOADED BY PASSENGERS IN EXCESS OF THE NUMBER AUTHORISED BY THE COMMISSIONER FOR TRANSPORT COULD BE DANGEROUS BOTH FOR THE PASSENGERS AS WELL AS OTHER ROAD USERS.

HOWEVER, AS THE LAW NOW STANDS, HE SAID, THERE WAS SOME DOUBT AS TO THE CIRCUMSTANCES IN WHICH A BUS COMPANY IS CRIMINALLY LIABLE AS THE OPERATOR WHEN ITS BUS IS OVERLOADED.

+THAT IT IS THE RESPONSIBILITY OF A BUS COMPANY TO PREVENT OVERLOADING IS BEYOND QUESTION,+ HE SAID, +AND A CHANGE IN THE LAW IS CONTEMPLATED SO THAT IT WILL REFLECT THAT RESPONSIBILITY WITHOUT DOUBT.+

BEFORE THE LAW CAN BE CHANGED, HOWEVER, AN AMENDMENT IS NECESSARY TO ENABLE THE GOVERNOR-IN-COUNCIL TO MAKE REGULATIONS IN RESPECT OF IMPOSING STRICT CRIMINAL LIABILITY BY SUBSIDIARY LEGISLATION.

BILL.

THIS AMENDMENT IS CONTAINED IN THE ROAD TRAFFIC (AMENDMENT)

ANOTHER AMENDMENT PROPOSED IN THE BILL WILL ENABLE A POLICE OFFICER TO SUPPLY, BY CERTIFICATE, AS EVIDENCE PLANS OR DRAWINGS MADE BY HIM AND STATEMENTS MADE TO HIM AS TO WHO WAS DRIVING OR USING OR OWNED A MOTOR VEHICLE ON A PARTICULAR OCCASION.

HE WILL STILL HAVE TO GIVE EVIDENCE IN THE NORMAL WAY IF MATTERS CONTAINED IN HIS CERTIFICATE ARE DISPUTED.

THIS PROVISION WILL IN GENERAL RESULT IN A CONSIDERABLE SAVING IN POLICE TIME AND SOME SAVING IN COURT TIME, MR. HOBLEY SAID.

DEBATE ON THE SECOND READING OF THE BILL WAS ADJOURNED.

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