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




NZ Herald
January 19 2006

Law change best option for drivers' problem, say officials
NZPA

Officials have advised the Government that a legislative amendment is the best way to save the jobs of bus and taxi drivers caught out by law changes.

Provisions to the Land Transport Act that came into effect on Monday prevent bus and taxi drivers convicted of murder, or a sex offence punishable by more than seven years' prison, from carrying passengers.

But under the law, passed last year, drivers convicted when they were young of having underage sex would lose their passenger service licences.

Yesterday, Transport Safety Minister Harry Duynhoven met representatives from the Bus and Coach Association, the Taxi Federation and Transport Ministry.

He described the meeting as "useful and productive".

Mr Duynhoven said he had also discussed the problem with colleagues in his own and other parties.

"This is an issue that caught everybody by surprise and I think there is good will to find a way forward," he said.

A legislative change was "certainly a possibility", said Mr Duynhoven. He would not say what other options were.

"The officials have already reported to me, and it appears at this stage, from their point of view, the best option is to look at a law change, but that's only one of the options being canvassed.

"There are other proposals as well and we have to wait and see."

Mr Duynhoven said about 20 people caught out by the new law had approached him but only 12 had a case he would consider supporting.

"There aren't huge numbers."

The Green Party previously suggested that the Director of Land Transport, Wayne Donnelly, be given discretion in such cases - a suggestion that Mr Duynhoven this week said had merit.

National's transport spokesman, Maurice Williamson, said the party had decided before the election that people with sexual convictions should not be licensed to carry passengers.

"Yes I'd be happy to try to fix the anomalies if they are as minor an offence as is being portrayed, but I would still want [to prevent] people who have a conviction for a sexual offence from being a passenger vehicle licence-holder," he told NZPA.

The new enlarged National caucus would need to discuss its position.

"Whenever you draw a line in the sand there is always someone just on the other side of that line who can legitimately claim to be disadvantaged."

United Future leader Peter Dunne has said the changes could breach the Bill of Rights Act, by effectively punishing those convicted of a crime a second time.

Parliament does not resume until mid-February. Drivers affected by the change will not be able to carry passengers until there is a resolution.