A bloke has been prosecuted for walking through the Rimutaka Train Tunnel, this the nation’s longest at nine kilometres.
I can understand the prosecution because of the nuisance caused but one of the several charges he faces bothers me, namely “reckless disregard for his own safety”.
I was unaware we are legally obliged to confine our activities to safe behaviour if the only possible life-threatening affected person is one’s self. This is positively Orwellian and implies we are the property of the state.
Can anyone enlighten me on the specific law covering this obligation?
11 Comments
Isn’t there an anti-stupidity law, or is it about the mess to clean up afterwards?
Did see it abd probably the media Wokes missed ou as well – ‘risking own safety’.
The Law of Diminishing Returns?
He should have walked backwards so he could see any approaching danger. As it was he would only see the light at the end of the tunnel.
It does seem a bit weird, but maybe similar to insisting Cyclists wear a crash helmet. But then again I really don’t care if you smash your head in, except that as a taxpayer I have to pay to fix that smashed head
Anybody’s failed attempt to be considered for the Darwin Award, should be prosecuted.
It is (of course) found in section 46 of the Health and Safety at Work Act 2015.
46 Duties of other persons at workplace
A person at a workplace (whether or not the person has another duty under this Part) must—
(a) take reasonable care for his or her own health and safety; …..
The tunnel is a workplace, because train staff pass through it when they are working.
Health and Saftey legislation is among the most intrusive on the statute books.
Speculaing… Gives the Police the ability to detain people who might be temporarily unwell or unhinged? People in that condition might not need to be locked up in a psych ward, but may just need a firm hand helping them?
I agree Sir Bob
His life is his own, everything we do as we journey through our live has potential danger.
He should of been charge with business interruption and made to pay for the disruption to train service, the buses that were put on, inconvenience to passengers and the search by police and dog handler.
Sir Bob, I don’t believe in any laws that fly in the face of natural selection. Perhaps it’s a fundamental human right to be protected from our own stupidity?
Regards,
Ian
If its anything like the Mt Victoria bus tunnel, it will have small recesses every hundred metres or so.
One of the funniest things Ive séen is a motor bike doing a wheelie out of this tunnel, while waiting for a bus. This was after he sped in there which was quickly followed by a huge breaking noise.
Talk about a possum in the headlights, which after 30 years still brings a smile.