Saturday, 27 December 2014

Defiant Drivers !

A news story is an all too familiar tale of defiance of our motoring laws that results in the death of an innocent person.   Every holiday break sends the accident rate soaring and causes the police, the politicians and the road safety people to wring their hands and try and devise a better way to control the ever increasing traffic on our roads.

This particular incident illustrates the sheer defiance some people have for all forms of driver control.  A twenty year old male was driving a large Landcruiser at night with it's lights turned off.  He ran a red light at speed and collided with a small sedan, hurling it into the air and killing a female front seat passenger.    This driver then fled the scene and was later apprehended by police, hiding in the garden of a nearby house.  The police quickly discovered that this was a disqualified driver, serving a driving suspension for previous driving offences.

Police detection methods to weed out unregistered vehicles and those driving unlicensed are ever expanding.    Most highway patrol cars are now equipped with "car license readers " which can read all the number plates in a traffic stream and sort them through the computer to not only detect stolen and unregistered vehicles, but correspond them with owners who are not permitted to drive under a suspension order.

The random use of breath testing to detect alcohol impaired divers is another hazard for the unlicensed, but nothing seems to stem the steady stream of drivers who are using our roads in sheer defiance of court orders and have no intention of changing their ways. Usually, when put before a court the magistrate imposes a hefty fine and extends the period of disqualification - which they then again ignore.   Punishment seems to run to some sort of rule of thumb measure.  Eventually, the really consistent offender gets a brief period of incarceration - but only as a last resort.

It is highly likely that this young man will get a significant term of imprisonment because his action resulted in a death.  That will be the expectation of the public and no doubt the previous record of his driving convictions will be paraded as evidence that he is unsuitable to hold a valid driving license.  Unfortunately, having a driving license is no longer a mere social obligation for most people.  It has become a necessity for earning a living for many and it's cancellation throws many onto the dole queue.  We live in a society where a motor vehicle has become a necessity.

This can become self defeating.   The judiciary have started using driving license cancellation as a punishment for other than traffic measures.   Some see it as a more effective punishment than a mere monetary fine, but when a driver gets caught unlicensed, the disqualification is usually extended and can quickly move out of reach.  In some cases, drivers are barred for periods of years. A barred driver that obeys the law often becomes an "unperson ".

We need to be very careful that automatic disqualifications do not create situations that force individuals onto the wrong side of the law.  A momentary lapse can easily morph into an impossible situation that can only be resolved by a further law breach - and from there it stretches into infinity. There is a clear distinction between those who will honour a reasonable punishment - and those with total disrespect to all forms of law.

Perhaps an escalating penalty might be an achievable deterrent.   First offence brings a period of night driving suspension, allowing work related driving to be maintained.   Second offence brings a loss of weekend liberty doing community work, but allows day driving to be maintained.   Third offence brings confiscation of the car - and a period of incarceration.   At least such a scheme  divides the culprits who have respect for driving laws to maintain their lifestyle and make amends - from the totally incorrigible who have no intention of obeying any law.

The present system funnels all into an abyss from which there is no escape !

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