Discrimination alleged by armless driver's lawyer

An armless man's legal argument that driving with his feet was not dangerous will now be heard in September.

The case was originally scheduled for a sitting of the Tauranga District Court yesterday but was postponed.

Colin Raymond Smith, 31, beneficiary, was born without arms and has allegedly been driving with the use of his feet for years without any problems.

He was stopped for speeding on State Highway 2 near Papamoa mid-morning on March 23.

Smith, clocked at 121km/h in a 100km/h zone, was issued with infringement notices for speeding and driving without a licence, which he did not dispute.

However, when police laid a charge of driving in a manner which might have been dangerous to the public, he pleaded not guilty.

At a status hearing last month, Smith's lawyer, John Holmes, intimated the charge amounted to discrimination.

He said police were equating disability with danger "and that cannot be substantiated".

Mr Holmes planned to produce documentary evidence to support Smith's ability to drive.

He said that, although his client had a significant physical disability, he was able to use his feet for many purposes.

The officer who pulled Smith up reported that he was using one foot to steer the car and the other to control the brakes and accelerator.

If found guilty, Smith faces a maximum fine of $4500 or three months in prison. A six-month disqualification from driving is the minimum.

- NZPA