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Subhan v New Zealand Transport Agency [2016] NZDC 24444

Published 18 February 2020

Appeal from Transport Agency — professional driver — traffic offences — Brown v New Zealand Transport Agency (DC Dunedin, CIV-2010-012-808, 15 April 2001, Judge Kellar) — Prasad v Director of Land Transport Safety [2003] DCR 461 — Land Transport Act 1998, ss 30C & 106. The appellant appealed a decision of the Transport Agency that prohibited him from driving a passenger vehicle for two years, revoked the passenger endorsement of his driver licence, and disqualified him from holding a passenger endorsement for a two-year period. The defendant was a taxi driver who had been stopped by a traffic officer for driving 93 kilometres an hour in a 50 kilometres per hour zone and his driver's licence was immediately suspended. Having no other means of getting home, the defendant drove and was apprehended for driving without a licence. A Court later disqualified him from driving for six months, and the Agency imposed the further penalties that were the subject of the appeal. The Court observed that speeding (the offence for which the defendant was penalised) does endanger public safety, but is not among the most serious of traffic offences. All things considered the Court found that the defendant had been sufficiently punished for the offending, and ordered that the defendant's period of disqualification and revocation of passenger endorsement end as of the date of hearing. As the Agency had imposed the penalties in the interests of public safety, the Judge recommended that costs should lie where they fall. Judgment Date: 2 December 2016.

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