Statutes Amendment (South Eastern Freeway Offences) Bill

Second Reading

Second reading.

The Hon. S.K. KNOLL (Schubert—Minister for Transport, Infrastructure and Local Government, Minister for Planning) (12:53): I move:

That this bill be now read a second time.

In November 2017, parliament introduced two new offences and associated penalties applying to trucks and buses on the South Eastern Freeway descent into Adelaide. These offences and penalties came into operation on 1 May this year and were implemented in response to recommendations from a coronial inquest following repeated crashes involving out of control heavy vehicles that tragically resulted in the loss of lives and serious injuries.

The first offence was for exceeding the relevant speed by 10 km/h or more, and the second offence was for failing to use a gear that was low enough to enable the vehicle to be driven safely when descending the down track of the South Eastern Freeway. The associated penalties included a six-month licence disqualification, six demerit points and a $1,036 expiation fee for individuals and an additional $25,000 body corporate levy for a business where the vehicle detected speeding was registered to a business and that business failed to nominate the driver of the vehicle.

The government acknowledges and is seeking to address concerns regarding the severity of the penalties that have been introduced, especially in regard to the impact on small business, while continuing to support positive road safety outcomes. The government has moved amendments to the Statues Amendment (Suspension of South Eastern Freeway Offences) Bill 2019 as introduced into the Legislative Council on 16 October 2019 by the Hon. Frank Pangallo MLC.

The government supported clause 1, with amendment to commence on proclamation, and clause 2, with amendment to the title to remove 'Suspension of', as well as clauses 4 and 7. The government passed further amendments to apply the following revised sanctions and penalties to both offences for trucks and buses on the prescribed section of the South Eastern Freeway:

remove the six-month licence disqualification applying for a first offence and reduce the duration of licence disqualification periods applying to second offences from 12 months to six months and the third offence from three years to 12 months and subsequent offences remaining at three years;

reduce the duration of court-imposed licence disqualification periods applicable to first, second and subsequent offences to ensure parity between the applicable penalty levels as follows:

for a first offence from maximum $5,000 penalty plus 12 month licence disqualification to maximum $5,000 penalty plus six month licence disqualification;

for a second offence from two years' imprisonment plus three years' licence disqualification to two years' imprisonment plus 12 month licence disqualification;

for a subsequent offence there is no change to the existing two years' imprisonment plus three years licence disqualification.

The government's amendments also remove the six month immediate loss of licence given to the driver for a first offence roadside. Currently, if a truck or bus is detected roadside for either the low gear offence or the speeding offence, SA Police can issue a six month immediate loss of licence to the driver for a first offence. This amendment ensures a consistent enforcement approach between the two offences and for the speed offence, whether detected roadside or via camera.

In addition, the amendments moved by the government propose to reduce the current body corporate levy, from $25,000 to $5,000, where the offence is expiated. Where the matter proceeds to court and a business is convicted for failing to nominate the driver of a vehicle detected for a South Eastern Freeway speeding offence, the government amendments reduce the current amount that can be applied by a court from not less than $25,000 and not more than $50,000 to not less than $10,000 and not more than $20,000.

The government believes this proposed reduction in the body corporate levy will have a positive effect on businesses, particularly small businesses that would otherwise struggle or be unable to pay the $25,000, thus being forced into liquidation. Drivers detected after the commencement of the proposed amendments—on a date to be fixed by proclamation—will incur no licence disqualification for a first offence, but will still incur a $1,036 expiation fee plus six demerit points.

The government amendments will be communicated widely to the heavy vehicle industry via a mail-out to registered owners of trucks and buses, updated information on the DPTI website and social media, a fact sheet prepared for industry and a ministerial media release, as well as reminders on motor vehicle registration renewal notices. It should be noted that the Department of Planning, Transport and Infrastructure undertook an extensive communication campaign before the heavy penalties came into operation on 1 May this year.

This included targeted advice via a mail-out to almost 2,000 South Australian clients in March 2019 who have a vehicle registered with a GVM between 4½ tonnes and six tonnes or a GVM of less than 4,501 kilograms but more than 12 seats. The mail-out advised owners that their vehicle is classed as a truck or bus and the 60 km/h or lower posted speed limit applies to these vehicles from the Crafers interchange to the bottom of the South Eastern Freeway. Visual cues and clarification were provided through the inclusion of a large SUV, a small commuter bus, e.g. a Toyota Hi-Ace, and a motorhome all depicted on a postcard included in the mail-out information.

On 22 March 2019, letters were sent out by the department to all registered owners of trucks and buses—approximately 22,000 in total—advising them about the new laws and the significant penalties that will apply. Owners and operators were also provided with a detailed fact sheet for distribution among their employees and other networks.

Other communications have included a media release, digital notifications and updates on social media, a dedicated South Eastern Freeway webpage, printed material at rest stops, a press ad and letters sent directly to industry bodies and stakeholders across the country. Additional signs have also been installed on the down track of the South Eastern Freeway reminding truck and bus drivers about the impending steep descent and the need to use low gear and descend safely. The department will continue to promote the new laws via its website and social media, as necessary.

I seek leave to have the remainder of my second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

It should be noted that all trucks and buses cannot be driven by the holders of a 'C' class driver's licence. Drivers of these vehicles are required to hold an 'LR' class licence as a minimum or higher. This should be a clear indicator to drivers of trucks and buses that they are subject to the new laws.

By removing the six month licence disqualification for a first offence, the Government is striking the right balance between acknowledging that this is the most dangerous stretch of road in South Australia that has been home to some awful accidents and sometimes some poor behaviour and wanting to send a strong signal about that but on the other hand not wanting to essentially have the penalties so harsh that they create unintended consequences and potentially affect people's livelihoods.

Reducing the body corporate levy from $25,000 down to $5,000 is still almost 2.5 times more than the existing body corporate levy applicable to all other red light and speed offences detected by camera but also reduces undue financial burden on businesses where the driver is not nominated.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

This clause is formal.

3—Amendment provisions

This clause is formal.

Part 2—Amendment of Motor Vehicles Act 1959

4—Amendment of section 81BC—Disqualification for certain offences relating to section 45C of the Road Traffic Act 1961

Under section 81BC the Registrar of Motor Vehicles is currently required to give a person who expiates an offence against section 45C of the Road Traffic Act 1961 (exceeding a speed limit by 10 kph or more, or failing to engage a low gear, on a prescribed part of the South Eastern Freeway in a truck or bus) or section 79B of that Act (being the owner of a truck or bus that appears from camera evidence to have been involved in exceeding a speed limit by 10 kph or more on such a part of the Freeway) a licence disqualification for a period of 6 months for a first offence, 12 months for a second offence or 3 years for a subsequent offence. This clause amends section 81BC to alter the period of disqualification to none for a first offence, 6 months for a second offence, 12 months for a third offence and 3 years for a subsequent offence.

Part 3—Amendment of Road Traffic Act 1961

5—Amendment of section 45C—Speed and gear restrictions for trucks and buses on prescribed roads

This clause amends section 45C to change the disqualification period that must be imposed by a court on conviction of a person for an offence against section 45C (exceeding a speed limit by 10 kph or more, or failing to engage a low gear, on a prescribed part of the South Eastern Freeway in a truck or bus) from a minimum of 12 months for a first offence and 3 years for a subsequent offence to a minimum of 6 months for a first offence, 12 months for a second offence and 3 years for a subsequent offence.

6—Amendment of section 45D—Power of police to impose licence disqualification or suspension for section 45C etc offences

Under section 45D police officers are currently authorised to give a notice of licence disqualification or suspension to a person for an offence against section 45C of the Act (exceeding a speed limit by 10 kph or more, or failing to engage a low gear, on a prescribed part of the South Eastern Freeway in a truck or bus) or section 79B of that Act (being the owner of a truck or bus that appears from camera evidence to have been involved in exceeding a speed limit by 10 kph or more on such a part of the Freeway). The notice applies for a period of 6 months and can be given whether the offence is a first or subsequent offence. This clause amends section 45D to provide that such a notice can only be given by a police officer in the case of a second or subsequent offence.

7—Amendment of section 79B—Provisions applying where certain offences are detected by photographic detection devices

Under section 79B it is an offence to be the owner of a vehicle that appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of an offence against section 45C(1) of the Act (exceeding a speed limit by 10 kph or more on a prescribed part of the South Eastern Freeway in a truck or bus). This clause makes a number of amendments to section 79B.

Currently, where the owner is a body corporate, the penalty on conviction by a court is a minimum of $25,000 and a maximum of $50,000, and the expiation fee is the expiation fee for a natural person plus $25,000. This clause changes the penalty on conviction by a court to a minimum of $10,000 and a maximum of $20,000 and changes the expiation fee to the expiation fee for a natural person plus $5,000.

Currently, where a natural person is convicted of the offence by a court, the disqualification period that must be imposed by the court for the offence is a minimum of 12 months for a first offence and 3 years for a subsequent offence. This clause changes that to a minimum of 6 months for a first offence, 12 months for a second offence and 3 years for a subsequent offence.

Debate adjourned on motion of Hon. A. Koutsantonis.

Sitting suspended from 12:59 to 14:00.