<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>House of Assembly</name>
  <date date="2017-11-29" />
  <sessionName>Fifty-Third Parliament, Second Session (53-2)</sessionName>
  <parliamentNum>53</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>House of Assembly</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="12345" />
  <endPage num="12439" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Bills</name>
    <subject>
      <name>Statutes Amendment (Transport Portfolio) Bill</name>
      <bills>
        <bill id="r4264">
          <name>Statutes Amendment (Transport Portfolio) Bill</name>
        </bill>
      </bills>
      <text id="2017112966e0dbf782bc4c8680000336">
        <heading>Statutes Amendment (Transport Portfolio) Bill</heading>
      </text>
      <subproceeding>
        <name>Second Reading</name>
        <text id="2017112966e0dbf782bc4c8680000337">
          <heading>Second Reading</heading>
        </text>
        <text id="2017112966e0dbf782bc4c8680000338">Adjourned debate on second reading.</text>
        <text id="2017112966e0dbf782bc4c8680000339">(Continued from 15 November 2107.)</text>
        <talker role="member" id="3124" kind="speech">
          <name>Mr PISONI</name>
          <house>House of Assembly</house>
          <electorate id="">Unley</electorate>
          <startTime time="2017-11-29T12:05:40" />
          <text id="2017112966e0dbf782bc4c8680000340">
            <timeStamp time="2017-11-29T12:05:40" />
            <by role="member" id="3124">Mr PISONI (Unley) (12:05):</by>  The opposition rises to support the bill. The bill covers a number of different areas. Some may say they are minor changes; there are some that are major changes. In summary, the bill increases the subsuming period for camera-detected offences of unregistered vehicles from when the first camera offence fine is issued and before the second one may be issued from seven to 14 days. </text>
          <page num="12363" />
          <text id="2017112966e0dbf782bc4c8680000341">I think most members of parliament would have had people coming to see them, particularly since the stickers that reminded people when their registration was to be renewed were discontinued. They may be regular commuters going past a fixed-point camera site, they may not be aware that their car is unregistered and they then go through a camera that detects that they are unregistered. Just like the so-called efficiencies that Australia Post has undertaken in recent years, where we do not know how long it takes now to send a letter, the period has gone out from seven days to 14 days before you can be pinged again for driving an unregistered vehicle to give the driver more time to receive the expiration notice in the mail and realise that their vehicle is unregistered. </text>
          <text id="2017112966e0dbf782bc4c8680000342">Certainly in my experience, people are devastated when they find out that their vehicle is unregistered. With the number of people who have come into the office with this problem in Unley, I think they are more embarrassed about the fact that they were driving an unregistered vehicle than they are about the penalty they have to pay. So this fixes that issue that we as local members have been dealing with for quite some time. </text>
          <text id="2017112966e0dbf782bc4c8680000343">The bill also ensures driver's licence suspension periods do not count towards minimum period requirements for holding a driver's licence or learner's permit and also that interstate and potentially overseas licence suspensions are also acted on. Again, it is just tightening up that process. Police will be able to withdraw a period of licence disqualification issued in error rather than having to go back to the court. Again, this is one that I think many local members of parliament would deal with on a regular basis. Also, the courts will be able to backdate a period of licence disqualification to the commencement of any applicable period of an immediate licence loss.</text>
          <text id="2017112966e0dbf782bc4c8680000344">For offences detected by a safety camera, section 79B of the Road Traffic Act will be amended to simplify the process for drivers to nominate another person as the driver of the vehicle by doing away with the requirement to make a nomination using a statutory declaration. Again this is a process that obviously will make that easier; however, it increases the penalties for anybody who uses that system to make a false claim or provide false information to $25,000 or four years' imprisonment.</text>
          <text id="2017112966e0dbf782bc4c8680000345">It also tends to encourage corporate bodies, which in the past have been quite happy to pay the fine and not identify the driver to save on demerit points. It will also encourage those corporate bodies to nominate the offending drivers as opposed to paying the corporate fee because the penalty will now be five times the expiration amount rather than the current expiration amount plus $300 or $600. For some of those very large fines of $400-odd, the fine for not identifying the driver is closer to $2,000.</text>
          <text id="2017112966e0dbf782bc4c8680000346">I think it will encourage a lot of people, who are responsible for that vehicle but were not driving at the time but know who was, to nominate the driver more often. The whole idea of penalties for traffic offences is about making our roads safer, making people accountable for their actions on the road and making sure they understand and obey speed limits, traffic lights and other safety measures that are put on the road to make our roads safer.</text>
          <text id="2017112966e0dbf782bc4c8680000347">The Road Traffic Act will also be amended to allow for the towing of light vehicles left unattended on prescribed roads in breach of a clearway, a bus lane or a bike lane. This will be done by private contractors to a nearby convenient street, and the registered owner will be charged for the towing cost, which the government has said is approximately $180 plus the expiration notice. I understand that this is a practice that happens in other states. I witnessed it on a trip to Melbourne a few years ago.</text>
          <text id="2017112966e0dbf782bc4c8680000348">We were having a cup of coffee in the CBD area, and I think at about 3 o'clock the clearway kicked in. At about five past three, it was noticed that there was still a vehicle parked in the clearway and the vehicle was dragged up onto a flat top. The total operation took about five minutes, and the clearway was then free for drivers to use. Obviously, Unley, for example, is an area where clearways are very important.</text>
          <text id="2017112966e0dbf782bc4c8680000349">Unfortunately, until this amendment bill was brought to the parliament, the only option was for a fine to be placed on the windscreen of a vehicle by police, but it did not do anything to alleviate the bottleneck the parked vehicle in the clearway had caused. This will see a much better outcome and I think it will also force people to be more aware of where clearways are. I suspect that more attention will be paid to clearways as we continue to see more traffic in Adelaide in particular.</text>
          <page num="12364" />
          <text id="2017112966e0dbf782bc4c8680000350">I have a concern with this section of the bill. I am not sure it will happen that often, but I think it may happen occasionally. People in my electorate will be particularly affected by this because a number of clearways run through my electorate, and there is a lot of strip shopping, and that tends to lead people to breach the clearway time. I know it would concern residents in my electorate of Unley if a vehicle were left in the street for a prolonged period of time and they had to wait for the owner to collect it. I am sure that it would also be a similar concern for members in the electorates of Dunstan and Bragg and the seat of Adelaide.</text>
          <text id="2017112966e0dbf782bc4c8680000351">In some circumstances, for example a convertible vehicle which cannot be locked, there is a provision that the vehicle be taken to the security of a tow-truck yard, and signage will be changed to reflect the new arrangements with the necessary contact numbers. If the vehicle cannot be secured, in my understanding of this bill, the expectation is that the car will be taken elsewhere and the driver will be notified as to where they can collect it.</text>
          <text id="2017112966e0dbf782bc4c8680000352">The last thing the bill addresses is changes for local governments. This has been initiated by the Adelaide city council for a new section of the Road Traffic Act which will enable councils to set their own expiation fees for certain parking offences, being able to fix fees lower or at the same rate accepted by the state government. In other words, they cannot increase them higher than the gazetted amount, but they can certainly set them lower.</text>
          <text id="2017112966e0dbf782bc4c8680000353">We saw some media recently with the Adelaide city council issuing a statement that they were keen to look at reducing the amount that they must collect in traffic fines. I think they are seeing that as a way of making it more attractive to come into the city more often. If people make a mistake, the penalty is not quite as bitter, if you like, as the fees that are there now. With those comments, I conclude my remarks.</text>
        </talker>
        <talker role="member" id="4842" kind="speech">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <electorate id="">Lee</electorate>
          <portfolios>
            <portfolio id="">
              <name>Minister for Transport and Infrastructure</name>
            </portfolio>
            <portfolio id="">
              <name>Minister for Housing and Urban Development</name>
            </portfolio>
          </portfolios>
          <startTime time="2017-11-29T12:17:02" />
          <text id="2017112966e0dbf782bc4c8680000354">
            <timeStamp time="2017-11-29T12:17:02" />
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN (Lee—Minister for Transport and Infrastructure, Minister for Housing and Urban Development) (12:17):</by>  I thank the member for Unley. I apologise to him that I was not here for the full course of his comments.</text>
          <text id="2017112966e0dbf782bc4c8680000355">
            <event kind="interjection" role="member" id="3124">Mr Pisoni interjecting:</event>
          </text>
        </talker>
        <talker role="member" id="4842" kind="speech" continued="true">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <text id="2017112966e0dbf782bc4c8680000356">
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN:</by>  I am sure I did. I appreciate his collaborative approach to this bill and his words of support about this. Although there are a range of measures within this bill, I think it is readily apparent the sorts of benefits which the community is likely to receive as a result of its passage, so I commend it to the house.</text>
          <text id="2017112966e0dbf782bc4c8680000357">Bill read a second time.</text>
        </talker>
      </subproceeding>
      <subproceeding>
        <name>Third Reading</name>
        <text id="2017112966e0dbf782bc4c8680000358">
          <heading>Third Reading</heading>
        </text>
        <talker role="member" id="4842" kind="speech">
          <name>The Hon. S.C. MULLIGHAN</name>
          <house>House of Assembly</house>
          <electorate id="">Lee</electorate>
          <portfolios>
            <portfolio id="">
              <name>Minister for Transport and Infrastructure</name>
            </portfolio>
            <portfolio id="">
              <name>Minister for Housing and Urban Development</name>
            </portfolio>
          </portfolios>
          <startTime time="2017-11-29T12:17:54" />
          <text id="2017112966e0dbf782bc4c8680000359">
            <timeStamp time="2017-11-29T12:17:54" />
            <by role="member" id="4842">The Hon. S.C. MULLIGHAN (Lee—Minister for Transport and Infrastructure, Minister for Housing and Urban Development) (12:17):</by>  I move:</text>
          <text id="2017112966e0dbf782bc4c8680000360">
            <inserted>That this bill be now read a third time.</inserted>
          </text>
          <text id="2017112966e0dbf782bc4c8680000361">Bill read a third time and passed.</text>
        </talker>
      </subproceeding>
    </subject>
  </proceeding>
</hansard>