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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.
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