Note: This column represents the opinions
of the writer and as such, is not purported as fact
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A year or two ago, several US rental car companies fitted their vehicles with
GPS-based tracking devices that not only reported the location of the vehicles
but also their speed.
Obviously such a device could go a long way towards preventing theft, odometer
tampering and other criminal activities which cost the industry a huge amount
of money each year.
However, some bright spark also twigged to the fact that the companies could,
based on the information recorded, issue speeding fines to its customers. They
claimed that such fines were issued in anticipation of the company being left
in the lurch if offending vehicles were caught by speed cameras and infringement
notices were received after the customer had long-since disappeared.
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If I recall correctly, the use of these devices for the purposes of policing
drivers' speed and other driving habits was struck down by a court decision,
and many customers or would-be customers probably breathed a sigh of relief.
Move forward to last week however, and you'll see that there may be good
justification for actually fitting such tell-tale black boxes to Kiwi cars.
According to this story
in the NZ Herald, the police are now willing to take the word of anyone who
calls them and lays a complaint against another driver. Yes, if someone
sees you speeding and dobbs you in then you'll likely get a ticket in the mail.
Of course you do have a right to appeal - but that's almost certainly going
to cost you time and money -- so no matter what you do, you'll be copping
some kind of penalty.
Perhaps this is the Police's way of reducing their workload -- just rely on
the public to do the work and take all their claims at face-value.
Unfortunately it's too bad if someone suffers from road rage after you legally
overtake them and decides to call the cops to report you as doing 40Kph faster
than you were actually going -- chances are that you'll end up with a fine or
an expensive court session as a result.
But back to those GPS-based black-boxes...
Could this "presumption of guilt" approach by the police be a clever way of
paving the way for the introduction of such devices in all Kiwi cars?
"Sorry sir, but if you want to guarantee that you're not falsely accused by
someone you really ought to fit one of these to your vehicle so we can verify
your defense" might be the response to anyone bitching about those citizen-initiated
tickets.
Or maybe some enterprising entrepreneur will simply decide to market such a tamper-proof
device so that law-abiding drivers can send in the proof of their innocence by way of
a printout produced by a suitably accredited authentication service.
Whatever the reason or the ultimate outcome, I'm gravely worried that, yet again,
we've got a system that is moving away from the presumption of innocence to
the presumption of guilt.
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