Police Journal Online
December 2003
Volume 84 Number 11


"serving the protectors"
Police Journal Online Cover
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Close drink-drive loopholes

Dear Andy

Section 47 of the Road Traffic Act (which deals with drink-driving) has turned into an act within itself, and there are more judgements on this section than any other section of any other act.

The section can be likened to a PVC pool liner that is old and cracked. Every time a crack is found, it is covered by a piece of PVC tape to stop the leak. But the repair is not as strong as the original material, and is therefore susceptible to leaking. The only way to make sure the pool does not leak is to throw the liner out and replace it.

Every judgement is a crack, and every action to counteract the effect of the judgement is PVC tape.

The original intention of the section was to get drink-drivers off the road, and make the road safer. The legal process has turned the section into a minefield of legal word games. The end result is that offenders are being acquitted on technicalities when the prosecution can prove beyond all reasonable doubt that they have breached section 47 of the Road Traffic Act.

The only way to remedy this situation is to repeal the present legislation, and replace it with legislation that returns to the grassroots, that gets the drunks off the road.

In Victoria, PCA can occur anywhere: on the road, in your backyard, on a farm paddock, or even in a building. If the vehicle you are driving is motor-driven, then you commit the offence of PCA if you are driving it while intoxicated. This has helped cut out a lot of legal loopholes over there.

Is SAPOL prepared to lobby the Government to bring about this change, and will the Police Association support it? Further, would the government be prepared to speak to those at the coalface to find out where and what the problems are?
Howard James
Sturt Traffic

More Figg-type stories

Dear Andy

Congratulations on the story of the Figg family (Tragedy of the Figg family, Police Journal, October 2003). It was just what I would expect to read in a police journal: a story of what happens in the everyday life of a policeman.

There should be more stories like this. I am sure there are plenty of them out there, but I guess the oldies are not interested in telling them.

To me this type of police history makes great reading. Let’s have some more like the Figg story.
Regards
Les Morris
President

Grateful for support

Dear Andy

May I, through the journal, say thank you to the many colleagues and friends of our beloved husband and father Brendan Michael McGee.

To say he would have been proud of the whole police department, association, comrades and friends who attended his funeral would be an understatement.

The police flag and medal ceremony will remain with us forever. A compliment to his 37 years’ service with the police department.

We all know that Brendan was a very proud man, and he only ever expected one’s best effort in whatever task or job they faced.

Brendan’s family, especially Damian and Trish are facing each day as it comes.

We miss him terribly but thank God he is not suffering anymore.

Andy, will you kindly convey our sincere thanks to everyone for the support and prayers which we continue to receive. Our loss is shared by many.
Thank you, again.
Yours sincerely
Helen, Damian and Trish McGee

Letters to the editor should be addressed to:

  • The Editor, Police Journal, PO Box 6128, Halifax St, Adelaide, SA 5000
  • editor@pasa.asn.au
  • Fax (08) 8231 0855
  • The Editor, Police Journal 168 (internal dispatch)


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