Moral Panics in New Zealand

Fear of pervert Drivers

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Banning drivers with convictions
Reports 3 (14-31 Jan 2006)




The Nelson Mail
January 14 2006

Bus driver loophole sought

Government lawyers are searching for a legal loophole in a new law which stops bus drivers with minor historic criminal convictions from getting behind the wheel.

The Land Transport Amendment Act, which takes effect on Monday, specifies a series of serious offences, led by murder and sex crimes, that have no recourse to appeals against licence removal.

Hundreds of drivers have received letters saying their passenger endorsement licences will be suspended. This has caught out some drivers who have minor historic sex convictions.

Transport Safety Minister Harry Duynhoven yesterday said he was awaiting a legal team's review of the new transport act.

The report from the Crown Law Office was due yesterday. It may point to a wider appeal process for those that feel they have been unjustly treated.

``It's possible, and one of the things I've asked for is advice from Crown Law as to what the chances are for having a way through for those that society will consider to be good and desirable people,'' Mr Duynhoven said.

``I've asked them to look at the issue and tell me what the ramifications are and is there a way of fixing this that doesn't require further legislation, because that's a slow process.''

Mr Duynhoven noted more than 38,000 passenger endorsements had been reviewed, with about 200 of those receiving letters saying ``it may be that your ability to continue to hold a P endorsement is extinguished on Monday, you should seek legal advice''.

He said eight to 10 drivers were convicted years ago for crimes including unlawful carnal knowledge with a woman just shy of her 16th birthday, while the men were themselves youngsters.

``I'm not for a moment saying they're not worthy citizens,'' he said.

``What I am saying is Parliament unanimously voted for legislation which said these people with specific sexual offences and specific violence offences should not be continuing to hold a passenger endorsement.''

If a legal way could be found, he would push to revisit the legislation when Parliament returned after Waitangi Day.