A charge of careless driving against a former policeman has
been dismissed in the Oamaru District Court.
Charles David Ryan (59) was charged with careless driving
after his Toyota Hilux was clipped by a train at a railway
crossing on a private access road, off Waimotu Rd, in Maheno.
However, Judge Joanna Maze dismissed police claims that the
driveway, which serviced four closed-off properties,
constituted a public road.
She said the road was on private land and warning signs made
it clear to members of the public they were entering private
In order for it to be considered a public road and fall under
the auspices of the Land Transport Act, a road must be used
as a thoroughfare from one place to another, she said.
The judge elected to reserve costs.