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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 sexual 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 ... what the
chances are for having a way through for those that society will consider to
be good and desirable people," 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." Duynhoven noted 38,000
plus P (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". Duynhoven said there
was about eight to 10 drivers 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 there were a way
forward he would push to revisit the legislation when Parliament returned
after Waitangi Day. Kaiapoi bus driver Beau
Harrison, 62, employed by Hawarden Garage and Transport, has been caught by
the new act. He had all but
forgotten about his involvement nearly 40 years ago with a young woman when
they both worked in a shearing gang. He did not realise she
was under 16, and was fined for unlawful carnal knowledge. He joins a Dunedin bus
driver whose licence is being suspended because as a 16-year-old, 34 years
ago, he slept with his girlfriend two days short of her 16th birthday. The Amalgamated Workers
Union has condemned the legislation as extreme. Union secretary Calvin
Fisher said the act was heavy handed and unjust.
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