ONE EYED REGULATION NEEDS PATCHED UP SAYS LUXTON

  • John Luxton
Commerce and Industry

New Zealand has some really ridiculous regulation on its books, Minister of Commerce and Industry Hon John Luxton said today.

For example we have the ELECTRIC-TRAM DRIVERS (MEDICAL EXAMINATION) REGULATIONS 1957, which regulates one eyed tram drivers.

If a one eyed person wants to drive an electric tram but they havent done so before, then they cant. But if they have driven one before then they can. If they break this regulation they are liable for a fine of 5 pounds.

Obviously, like much regulation, this isnt quite an up to date, relevant or useful regulation.

I believe much regulation has been passed to try and cure the problems of the past, but infact ends up preventing progress in the future. Since 1987 Government has enacted over 1600 new or amended statutes and over 3700 new or amended regulations.

I am not sure that this helps kiwi ingenuity and innovation. We need to have more consideration of all the wider costs and benefits of proposed regulation before we as politicians rush into passing them.

Perhaps we politicians need a regulation on one eyed politicians. I wonder if are any ex tram drivers as MPs.

We need to revisit some of these old ridiculous one eyed regulations that need patched up, Mr Luxton concluded.

Contact: Conor English Press secretary 04 4709707, 04 4757203

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ELECTRIC-TRAM DRIVERS (MEDICAL EXAMINATION) REGULATIONS 1957.
R. 1.
These regulations may be cited as the Electric-tram Drivers (Medical Examination) Regulations 1957.
These regulations shall come into force on the twenty-eighth day after the date of their notification in the Gazette.
R. 2.
In these regulations, unless the context otherwise requires, "electric tram" means any carriage or other rolling stock of which electricity is the motive power and which is used on any public tramway for the carriage of passengers.

R. 3.
No person shall drive an electric tram--

Unless he is the holder of a certificate in or to the effect of the form in the Schedule hereto issued within the immediately preceding period of twelve months by a registered medical practitioner designated by the promoter by which that person is employed certifying that that person is mentally and physically fit to drive an electric tram; or
If at any time a registered medical practitioner designated by the promoter by which that person is employed has certified that he is mentally or physically unfit to drive an electric tram, unless that person has at a later date obtained a certificate under paragraph (a) of this regulation.
R. 4.
No person shall be deemed to be physically fit for the purpose of regulation 3 hereof if he has the use of only one eye, unless--

He has at any time before the date of examination been employed as the driver of an electric tram; and
His past driving record has been satisfactory; and
The remaining eye is of six-sixths standard without glasses.
R. 5.
No promoter shall cause or permit any electric tram to be driven by any person who is debarred by regulation 3 or regulation 4 hereof from driving an electric tram.

R. 6.
Every promoter shall arrange for all persons employed by the promoter as drivers of electric trams to be examined at the expense of the promoter by a registered medical practitioner designated by the promoter as often as may be necessary to comply with the provisions of regulation 3 hereof.

R. 7.
The certificate from a medical practitioner required under subsection (5) of section 2 of the Tramways Amendment Act 1910 shall be in or to the effect of the form in the Schedule hereto.

R. 8.
Every person who commits a breach of these regulations commits an offence and is liable on summary conviction to a fine not exceeding œ5.

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SCHEDULE TRAMWAYS ACT 1908
Medical Certificate for Driver of Electric Tram
I HAVE on this date personally examined (Name of employee), knowing him to be (an applicant for a licence to drive) (to be employed in driving) an electric tram; he has informed me of the purpose of all medical attention he has received during the year last past; and I have questioned him regarding any fits or other attacks of sudden unconsciousness to which he may be or may at any time have been subject. The results of my examination are as follows:

Eyesight--Right eye: ..... Left eye: ....
(Each eye should be either (a) of six-ninths standard without glasses or better; or (b) of six-sixths standard with glasses.)

(Note--Where the person has the use of only one eye that eye should be of six-sixths standard without glasses and the certificate by the medical practitioner is subject to confirmation by the promoter in respect of the other requirements of regulation 4 of the regulations. )

Colour vision: (Satisfactory) (unsatisfactory).
Hearing: (Satisfactory) (unsatisfactory). (The employee should be able to recognise words uttered in an ordinary conversational voice at 10 ft.)
The respiration (is) (is not) natural and the respiratory sounds and the resonance of the chest are (normal) (abnormal).
The pulsations of the heart (are) (are not) natural in rhythm and force, and its sounds (are) (are not) those of health.
(NOTE--An employee is not necessarily unfit by reason only of an adverse finding under item 4 or 5.)

The blood pressure is--Systolic: ... Diastolic: ...
The employee (is) (is not) free from any physical or other defect and from any temperamental or psychological characteristic that would interfere with his efficiency as a driver of an electric tram. I hereby certify that in my opinion, having all proper regard to the safety of passengers and of the public generally, the employee is (is not) mentally and physically a fit and proper person to drive an electric tram.
Date: ........... .............
Registered Medical Practitioner.
T. J. SHERRARD, Clerk of the Executive Council.

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Date of notification in Gazette: 4 April 1957
Issued under the authority of the Regulations Act 1936.