Bills

Motor Vehicles (Motor Bike Driver Licensing) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 4 February 2021.)

Ms LUETHEN (King) (11:09): I rise to support the Motor Vehicles (Motor Bike Driver Licensing) Amendment Bill 2020, which amends the Motor Vehicles Act 1959 to enhance the Graduated Licensing Scheme and improve the safety of novice motorcyclists, their passengers and other road users, and I thank the minister for this important work.

Motorcyclists have a higher risk of death or serious injury than all other road users. On average in the past five years—2015 to 2019—motorcycles accounted for around 4 per cent of all registered vehicles, but motorcyclists accounted for about 15 per cent of all lives lost on South Australian roads and 19 per cent of serious injuries. Sadly, 91 motorcyclists have lost their lives on our roads in the past five years, predominantly males with an average age of 37.

In the case of novice motorcycle riders, data for the 16 to 19-year-old age group shows that over the last five years—2015 to 2019—the trend in young rider serious casualties increased by an average of about 12.5 per cent per year. This is in contrast to the trend in young driver serious casualties, which has decreased by an average of 7.7 per cent over the same period.

One strategy to reduce this road trauma is through an improved graduated licensing scheme for motorcycle riders. A graduated licensing scheme is a staged approach to obtaining a full licence, with learners commencing in relatively low-risk situations. As the novice rider grows in knowledge, skills and on-road experience, restrictions are gradually lifted as the rider progresses through to an intermediate stage and then onto a full licence.

The GLS for car drivers was strengthened in 2010 and 2014. In 2010, the minimum age for solo driving on a provisional licence was raised to 17 years. This is likely to have reduced the casualty crashes involving young drivers, as research now shows that the older a young person is when they are licensed the safer they are when driving and riding unsupervised.

In 2014, the provisional—intermediate—stage was increased from two to three years along with the introduction of passenger and night driving restrictions. Such restrictions help to keep young people out of high-risk situations on the road. In 2018 the University of Adelaide's Centre for Automotive Safety Research released the report 'Recommendations for a graduated licensing system for motorcyclists in South Australia', outlining key elements that could be included in an enhanced GLS for motorcycle riders in South Australia, aimed at reducing the crash involvement of novice riders.

Community feedback was sought on the recommendations via a consultation process with individuals and stakeholders and indicated support for most of the recommendations. Key stakeholders were provided with an opportunity to review the draft amendment bill, giving relevant parties an opportunity to make comments relative to their areas of expertise. A total of 107 stakeholders were invited to comment, and responses were received from a variety of road safety stakeholders, including motorcycling riding groups, motorcycle industry representatives and motoring bodies as well as state and local government.

The bill more closely aligns the requirements for novice motorcycle riders with the successful motor vehicle GLS approach to provide more riding experience under protective conditions and reduce the incidence of crashes involving novice riders. While some stakeholders suggested further improvements to motorcycle safety, which should be considered, this amendment package is focused on the licensing system and does not extend to rider training and assessment. A review by the Department for Infrastructure and Transport of South Australia's training and assessment program for motorcycle riders is currently underway.

Raising the age to obtain a motorcycle learner's permit from 16 to 18 years of age is supported by research, which has found that younger riders, whether new or fully licensed, have more crashes per distance travelled than older riders, suggesting age itself, irrespective of experience, is an important determinant of crash risk.

Between 2015 and 2019, a total of 324 riders aged 16 to 19 were involved in a casualty crash. Of these, seven riders lost their lives and a further 66 sustained serious injuries. An improved motorcycle graduated licensing scheme will be beneficial for novice motorcyclists and should contribute to a safer cohort of fully licensed riders once they have successfully completed the scheme.

Under the bill, a person aged under 18 years who holds a current provisional driver's licence will be eligible to apply for a motorcycle learner's permit in recognition that the prospective rider has already gained some experience in the road and traffic environment while in the comparative safety of a car. However, unlike the Queensland model, this provision does not mandate that a person is required to obtain a car licence before being able to ride a motorcycle.

An exemption is also available for young people living in regional South Australia, in recognition of the more limited transport services available in those areas and the need for young people to participate in training and employment opportunities. The bill allows a person who is at least 16 years of age and who lives in a prescribed locality to be issued with a restricted motorcycle learner's permit to allow them to travel from their place of residence to tertiary education, to vocational education and training, for work purposes or to participate in a sporting activity.

The exemption does not extend to students travelling to a secondary school—that is, high school—as they are already getting to school by other transport means prior to turning 16, and they can continue to do so. Riding contrary to these restrictions will result in an expiation fee and demerit points that will be prescribed in the regulations. It is intended the expiation fee and the demerit points will align with other comparable offences that apply to learner and P1 drivers, which currently carry a fine of $382 and three demerit points.

The bill introduces a requirement for a person to hold a motorcycle learner's permit for a minimum of 12 months. Currently, learner riders holding a car licence classification do not have a minimum period for which they are required to hold a motorcycle learner's permit. To provide novice riders with more riding experience under protective learner conditions, the bill requires a person to hold a motorcycle learner's permit for a minimum of one year before being eligible to apply for an R-Date intermediate licence classification, irrespective of any other licence held by that person. This will apply to new and existing learner's permit holders upon commencement of the new provisions.

The bill introduces a restriction for learner riders from carrying a pillion passenger or a sidecar passenger, including a qualified supervising driver, and from towing trailers. The act currently allows a person on a motorcycle learner's permit to carry a pillion passenger or a passenger in a sidecar, provided that the passenger is acting as a qualified supervising driver. It is not a requirement under the act for the holder of the motorcycle learner's permit to be accompanied by a qualified supervising driver, as is the case for a holder of a learner's permit for a car.

Due to the inexperience of the rider, the balance distribution while riding and the possible distraction to the rider that a pillion passenger may pose, the bill no longer allows any pillion passenger to ride with the rider on a motorcycle learner's permit. This includes a passenger in a sidecar. Therefore, any person accompanying a learner driver will have to ride on a separate motorcycle.

As towing a trailer may increase the risk of a crash, this practice will also be prohibited during the learner's permit stage. The bill introduces a night-time riding restriction between midnight and 5am for all learner riders aged under 25 years, irrespective of whether that person also holds a P2 or a full driver's licence for another classification of vehicle. Currently, night-time riding restrictions are limited to riders aged under 25 years who hold only a motorcycle learner's permit or a P1 licence. The bill extends this provision and applies a night-time riding restriction between the hours of midnight and 5am to all motorcycle learner's permit holders aged under 25.

However, as per existing provisions, a motorcycle learner's permit holder will be exempt if the person meets the prescribed circumstances listed in schedule 2 of the act. This includes when riding for employment, education, between home and an activity to participate in sports, artistic, charitable, religious or scientific activities provided by an organisation, association or club. As with the existing provisions relating to the motor vehicle GLS, no formal application for an exemption will be required; however, the rider would need to carry evidence that they were riding with the exemption grounds.

The bill introduces a restriction on riding an automatic motorcycle only if they have been tested on one. The bill raises the minimum age of an R-Date intermediate licence from 17 to 19 years of age. This will enable novice riders to gain more experience. Existing learner riders, who are aged under 18 years, will not be restricted from where they can ride and nor are they required to obtain a provisional licence in order to maintain their existing learner's permit, although it will require them to ride under protective conditions for longer before progressing to an R-Date classification.

The bill introduces a restriction for the holders of a licence date with an R-Date intermediate licence classification to have a zero blood alcohol concentration while riding a motorcycle irrespective of whether that person also holds a full car or higher classification of licence. Alcohol consumption and riding a motorcycle is a dangerous combination. It is reflected in our crash statistics. Alcohol impairs skills and decision-making and can increase confidence and aggression. Currently, the holder of a full car licence is able to ride a motorcycle on an R-Date classification with a blood alcohol concentration of less than .05 grams in 100 millilitres of blood. The bill requires all R-Date motorcycle riders to have a zero blood alcohol concentration when they are riding.

The government's bill will deliver a strengthened graduated licensing scheme for motorcyclists and will make our roads safer for all South Australian users. The Marshall Liberal government is dedicated to improving road safety for all South Australians. Just today, police have stated that irresponsible riders and drivers who risk their life and other people's lives will be met with zero tolerance. This bill and its amendments are in line with that.

I have been having ongoing discussions with my own local community, the minister and South Australia Police on how we also address the serious issue of rogue motorcycle riders in King. I hope to progress and support some changes in this place to address this persistent issue of troublesome and reckless riders in our community. These riders put their lives and the lives of others at risk. We need to get tougher and introduce tougher consequences and harsher deterrents for reckless and appalling behaviour on motorbikes, which we have seen most recently and over the last few years.

Recently, the MFS commander at Salisbury told me, when I was discussing this serious concern, that there are over 170 people impacted and traumatised on average when a person is seriously injured on our roads. My heart goes out to the man most recently killed in a motorcycle crash in Ridgehaven at Paracombe. He was the third motorcyclist killed in South Australia this year. I support the amendments in this important bill.

Mr COWDREY (Colton) (11:23): I do not plan to take up too much of the house's time today, but I do want to rise to speak on the Motor Vehicles (Motor Bike Driver Licensing) Amendment Bill 2020 ever so briefly and to provide some context as to the reason for my support in the context of my local community. I know many of the members have already spoken in the debate so far about what is proposed under the bill. In short, it includes bringing forth many of the recommendations that were made in the CASR report. I will quickly run through those in terms of the licensed areas.

For a learner's permit, it recommends raising the minimum age to obtain a motorcycle or learner's permit from 16 to 18 years. Persons aged 17 years can obtain a learner's permit if they also hold a provisional licence for a car. Exemptions have already been detailed with regard to people living in regional areas using motorcycles for the sole purpose of tertiary education, vocational education, training, work or sporting activities.

Learner riders will be prohibited from carrying any passengers, including qualified supervising drivers. They will be prohibited from any towing and prohibited from riding between 12am and 5am if they are under 25 years of age. Exemptions also apply to those categories that I just recently referenced. Learner riders must hold the permit for a minimum of 12 months.

In regard to the R-Date provisional licence, the minimum age for that licence will be obtained from 19 years, up from 17 years. R-Date licence holders can no longer have any blood alcohol concentration, regardless of their licence type, within their body while riding a motorcycle. R-Date licences must be held for a minimum of two years, up from the current minimum of 12 months.

In regard to R-licences (or full licences), as a result of minimum age and time requirements, an R-licence cannot be obtained until 21 years of age. It is currently 18. Importantly, riders who conduct their test on automatic transmission motorcycles will be restricted to that type vehicle.

Late last year there was an increase in reported hoon driving in the Henley Beach area, with motorbikes being of particular concern. In response to this increase, I had a discussion with SAPOL about what could be done in the area to target this growing problem. Over the summer period, the local police have initiated Operation Safe Shores, which includes providing extra police numbers from Friday to Sunday nights, with a primary focus on the Glenelg, Henley Beach and Semaphore foreshore areas.

The local police station and police members also liaised with the road policing section (or the traffic police) and requested a concentrated policing effort along the Henley Beach foreshore area across the summer period. That is obviously timely, given the increased activity that occurs in my community over that period.

Since the initiation of Operation Safe Shores, we have seen success, with irresponsible drivers being caught under the pretence of hoon driving. A specific example of that success is highlighted by the recent arrest of an L-plate motorbike rider who will face court after being caught riding at 70 km/h over the speed limit at West Beach just last month. We know that changes to this legislation will bring the age to obtain a learner motorbike licence up from 16 to 18 years and will help to address the multitude of cases that are similar to this one that I have mentioned just recently from West Beach.

Data shows that young riders in the 16 to 19-year-old age group are particularly over-represented. Young people account for approximately 5 per cent of all South Australians but account for 10.3 per cent of all motorbike fatalities and serious injuries in the period between 2015 and 2019. The percentage of serious injury and/or death following an accident on a motorbike is obviously significantly higher than that of a car accident.

When I picture a 16 year old who can obtain a motorcycle licence and ride alone, it really does astound me when I think back and remember perhaps what I was like as a 16 year old and what some of my friends were like as 16 year olds. Sometimes, consequences of actions were not thought about as readily as they perhaps should have been. A motorbike does take time and a lot of experience to master. Having access to that vehicle at such a young age is at times very difficult to understand.

In my community over the last couple of years, there have also unfortunately been two notable motorbike-related fatalities. One occurred in 2017, when a 23 year old was unfortunately killed at Seaview Road at Henley Beach. He was a young sportsperson who lost his life after falling from his motorbike. Another was in Lockleys last year or the year before, when a car and a motorbike collided. The man who died in Lockleys was said to have been an experienced motorcycle rider, although just 31 years of age. It goes to show that even with years of experience unfortunately these horrific accidents do still occur.

These accidents are shocking and upsetting and have occurred in zones where the speed limit ranged from 40 km/h through to 60 km/h yet still resulted in tragic death. Crash statistics in this state obviously show that motorcycles are over-represented in lives lost on our roads in that period that I just mentioned and have accounted for 4 per cent of all registered vehicles, yet motorcycle riders accounted for 15 per cent of road fatalities and 19 per cent of serious injuries on our roads.

This legislation paves the way for our novice riders to gain more experience and understanding of the responsibilities that pertain to riding a motorcycle while they are getting their licence. It will now take several years to obtain a full licence and it will more closely align with the motor vehicle licensing regime, which I fully support. We have lost far too many young people to motorcycle accidents, and the changes to this legislation will go a long way to prevent further loss.

We will not stop all accidents, but there is more that we can do to encourage a better understanding of the responsibility that comes with obtaining a motorcycle licence and with driving that sort of vehicle. Each life lost is truly a tragedy. I know everybody in this place is likewise committed to ensuring that we try to reduce the fatalities on our road and, in particular, those of motorbike riders, so I fully support this bill and commend it to the house.

The Hon. D.C. VAN HOLST PELLEKAAN (Stuart—Minister for Energy and Mining) (11:30): I rise to make a short contribution on behalf of my electorate, the electorate of Stuart. There is no member of this house who would not feel anywhere from disappointed through to sick to the stomach, let alone if they were connected to one of the people who had lost their lives, about what we are seeing on our roads. It is just tragic. Our government needs to act to try to keep young people, particularly young males, safe on the roads while riding motorbikes.

There is no debate, certainly from this side of the chamber, about the fact that, through the Minister for Police and road safety, we need to take some action. Having outlined that as my view very clearly, I would say that as a country and outback MP limitations on the responsible use of motorbikes do not sit too comfortably with me. So I am very pleased that the minister has found a way to retain greater flexibility for young people in country and outback areas with regard to the use of motorbikes, when and where they can be used and what they can be used for, and also with regard to the age of accessing licences.

I want to go into that briefly because, while on one level the words in this bill that hopefully will form the new legislation are quite clear about training and work activities and educational activities, I want to be very clear that in the discussions I have had—and I have had very clear commitments from my colleagues—it does not necessarily have to be paid work that this flexibility would be applied to.

The reality is that in country and outback areas it is very normal for a young person to use a motorbike responsibly for work on their own family farm or perhaps to travel on the road between paddocks or different sections of their own family farm. That would not strictly classify as employment because usually those young people are not getting paid for that work; it is just part of the work they do as a member of the family in the family business. To be sure that people in my electorate and other places who might be affected by this understand, those types of activities would be covered by the additional flexibility provided in this bill.

Another important feature is that it is very normal and quite appropriate for family members to help each other out. One family farm might be mustering, getting ready for shearing, crutching or sales and members of another family might help them with that activity. Then, on another occasion at another part of the year, the first family helps the second family get their work done. Again, that is not paid employment in the strict sense of the word, but it is work done by young people supporting their family business and often supporting their family business by supporting another family that supports their family business. Those types of things will be dealt with in a very sensible, very pragmatic way so that young people can use the additional flexibility provided to them in country and outback areas in appropriate and sensible ways.

If a young person is using their motorbike in an inappropriate way or outside those clear guidelines and also outside the more practical approach to those guidelines I have just mentioned, that is a different matter entirely. I am only talking about things that are within the intent of this bill and hopefully soon within the intent of this legislation—that young people will be able to do all the things that, in a practical sense, they do in the country with regard to using a motorbike for education, training or work.

The Hon. V.A. TARZIA (Hartley—Minister for Police, Emergency Services and Correctional Services) (11:35): I thank those members who have contributed to the debate on the bill. I also would like to thank the Department for Infrastructure and Transport for their work in developing the bill. In the interests of time, I will keep my remarks brief.

This bill reflects a very balanced approach between mobility and road safety with the inclusion of exemptions to allow young people who reside in the regions to gain a motorcycle learner's permit prior to turning 18 years of age to attend tertiary education, vocational education and training for work purposes, or to participate in a sporting activity. Holders of a provisional licence for a car will also be eligible to obtain a motorcycle learner's permit from 17 years of age.

The bill also provides for a staged learning approach by adding a number of restrictions to motorcycle learner's permit holders such as no passengers, no towing trailers and, for all permit holders under 25 years, night-time riding restrictions between midnight and 5am. It restricts the holder of an R-Date licence classification from riding with any alcohol in their system, regardless of the type of licence that they hold.

Broadly, the bill intends to create a genuine GLS for all novice riders, with restrictions gradually lifted through each stage prior to being able to ride a high-powered motorcycle. Whilst young riders have been a focus in this bill, these initiatives will benefit novice riders of all ages and should contribute to what is a safer cohort of fully licensed riders once they have successfully completed the GLS.

Community feedback on the CASR recommendations from the 2018 YourSAy survey indicated that raising the age for a person to gain a learner's permit for a motorcycle to 18 could significantly impact on employment or education opportunities for young people in regional areas. Stakeholders from the agricultural industry identified the need for provisions for young people involved in farming in particular. Having listened to the needs of regional communities, and after careful consideration, an exemption for young regional riders was drafted for inclusion in the bill, with riding limited to education and economic purposes in recognition of the limited transport options in regional areas.

I thank all members for their contributions to the debate and certainly for the constructive manner in which they have advocated for their communities. It is my belief we cannot afford any further delay in passing this very important reform. I note the indication of support on behalf of the opposition by the member for Elizabeth and I thank him for that. I hope that such support extends to the other place. I commend the bill to the house.

Bill read a second time.

Committee Stage

In committee.

The CHAIR: We are in committee on the Motor Vehicles (Motor Bike Driver Licensing) Amendment Bill 2020. We are dealing with 16 clauses and a title.

Clause 1.

Mr ODENWALDER: In the spirit of this debate, and recognising that the government has brought this bill on before the abortion bill today in order to expedite its progress through this house, I do not intend to delay this debate in any particular way, but I do have some questions.

My first question is a broad one and that is: why has this bill taken so long to reach this point? Just to go over the history, we know that in 2017 there was a spike in motorcycle deaths. The then government convened the motorcycle reference group, which in turn commissioned the report from CASR, which has been well canvassed by the various speakers, and we will go through some of those as we go through the committee stage. But then, of course, the election took place, and there was simply no action for the best part of a year.

The Motorcycle Riders' Association and others tried, I understand, to see the previous minister, but were met with silence. They came to see me and the Leader of the Opposition, and we listened to their concerns and drafted a bill, which largely but not entirely reflected the recommendations of the CASR report. This bill has sat on the Notice Paper since, I think, May 2019, and it is still on the Notice Paper (it was reintroduced after prorogation, if I have my chronology right). Nevertheless, it has been around for nearly two years.

The government has consistently opposed even debating it. It has been adjourned every Wednesday morning, which is the time that we get a lot of private members' business. My question to the minister (and if he has any access to the former minister it might be useful, because the Motorcycle Riders' Association did not) is simply: why has it taken so long for a bill, which has some changes to my bill, to get to this place?

The CHAIR: Minister, I am sure you will be able to answer that question without—

The Hon. V.A. TARZIA: I am not sure how directly relevant that is to any clause here, but I will do my best to answer it, with bona fide intentions. I commend the member for Elizabeth for his passion for this area. Our government is certainly dedicated to road safety and protecting all road users, including motorcyclists. Any life lost is certainly a tragic reminder of the vigilance needed on our roads to make it home safety.

The bill introduced into the parliament is based on the expert report provided by CASR (Centre for Automotive Safety Research). It is strengthened by input from key road safety stakeholders, motorcycle groups and industry representatives. I believe extra time was taken in June 2020 to conduct further in-depth consultation because of the significance of the proposed changes, and this carefully considered reform should not be rushed. But we are where we are. There are those who can look backwards, member for Elizabeth, and there are those of us who can look forward. I appreciate the frustrations of the member for Elizabeth. I would like to have seen the bill progress earlier, but we are where we are, and I think it is time to get on with it.

Mr ODENWALDER: I appreciate the minister's implicit reference to the tardiness of his predecessor. The question was not answered, though. The question was answered in the sense that there had to be consultation. The CASR report was already prepared. The Motorcycle Riders' Association, the Ulysses Club and other interested groups were very keen to meet with particularly the previous minister. My question still stands: why has it taken so long?

The Hon. V.A. TARZIA: I could refer to my earlier answer, but I will say that road safety is certainly a complex issue. We did not want to rush the legislation without taking the time to consider properly all the risks. I have sought, as I have been the minister for about six months now, significant input from the community but also from stakeholders formulating the amendment bill currently before this place. I know that the devastating effects of bushfires and COVID certainly took priority over other initiatives, but these are important initiatives as well and I am here to progress them now.

The CHAIR: And we are now in committee on the bill, so the government is making progress.

Clause passed.

Clauses 2 to 6 passed.

Clause 7.

Mr ODENWALDER: There is quite a lot in this clause, so I seek the Chair's indulgence since I am honestly trying to expedite this as quickly as we possibly can. However, it seems to me that there are a few questions to be answered in clause 7. The guts of it is the 18-year age cut-off. The bill does not allow, except under certain circumstances, a rider to get their learner's permit until the age of 18.

Without traversing another bill that is before the house, there has been some suggestion from the Motorcycle Riders' Association and others that the age, contrary to the CASR report (I accept that), should be brought down to 17 as a compromise in order to not discourage people from riding, I think in the same way that you have approached the carve outs for country people. I wonder how you arrived at the 18 years, and did you consider 17 years as an age to start?

The Hon. V.A. TARZIA: In setting the minimum age limit for learner riders at 18, we have prioritised the safety of both riders themselves and other road users. Research has found that age is obviously a very important determinant of crash risk, regardless of experience. We know, as has been pointed out by members of both sides, that younger riders have more crashes per distance travelled than older riders. Research has found that riders older than 25 have less than half the risk of a crash than riders aged 15 to 19.

Consistent with that research, setting the minimum age limit at 18 years we think strikes the right balance between road safety outcomes and providing young people with the opportunity to ride motorcycles. I do note, however, that there are some exemptions. A person who is 17 years of age and holds their provisional licence for another vehicle class will be eligible to be issued with a learner's permit for a motorcycle.

In recognition of the limited transport options available in regional areas, an exemption will apply to allow 16 and also 17 year olds who reside in regional South Australia to gain a learner's permit but restrict them to riding a motorcycle only to attend tertiary education, vocational education and training, for work purposes or to participate in a sporting activity.

Mr ODENWALDER: The minister mentioned that if a person holds a provisional car licence they can obtain a bike learner's permit at age 17. It is my recollection from the CASR report that a requirement to hold a car licence before you got your motorcycle learner's permit was considered, and indeed is in place in some other states, but was rejected by the CASR report. Why then is this included in the bill when it is at least implicitly rejected by the CASR expert report?

Further to that, while you are getting advice, the Motorcycle Riders' Association certainly believe that, and I think this is implicit in the CASR report, it could potentially have the perverse effect of building a rider's confidence on the road before they get behind the handlebars of a motorbike. They may have in their mind that, having driven a car for 12 months, they have a handle on road conditions, when in fact obviously, as has been pointed out, road conditions are very different for motorcyclists. Can the minister comment on that and advise why he arrived at this measure which brings down the age for people who hold a provisional driver's licence?

The Hon. V.A. TARZIA: I can advise the member for Elizabeth that we are not requiring motorcyclists to get their Ps in a car before their Ls in a motorcycle. However, we are recognising that when a vehicle operator does have their Ps then obviously with that comes a certain level of experience and maturity, in use of the roads and insight of the road rules. But we are certainly not requiring them to get their Ps in a car before.

Mr ODENWALDER: I understand that, minister. I am not sure—perhaps I misheard you, but I am asking for the reason for the change. I am asking you to justify why a person with a provisional car licence should be able to hold a motorcycle learner's permit before others.

The Hon. V.A. TARZIA: I thank the member for Elizabeth for the question. With having your Ps in a car would come experience in driving a car, use of the road and also insight into various road rules, which gives you some experience. That is the sort of theory behind it. I appreciate where the member for Elizabeth is coming from and there may be a difference of opinion there, but we have certainly been guided on the CASR report. I am pretty confident that we have arrived at a reasonable balance here.

The CHAIR: I will allow another question on clause 7, member for Elizabeth. Further to that, it looks to me that you could possibly follow this line of questioning on clause 8 as well, because it relates again to—

Mr ODENWALDER: I thank you for your guidance, sir.

The CHAIR: I am giving you guidance and I understand that clause 7 is key in this.

Mr ODENWALDER: I do want to get this bill through. It has obviously generated a lot of interest in the public's mind and I want to get this through as quickly as possible. I won't pursue that particular line of questioning, but I think there is something in that, in the discrepancy between what the CASR report fairly explicitly rejects and what the government has put in this bill.

My next question, within the same clause, should be a very easy one for the minister. How are we going to define a 'prescribed locality'? What is the procedure to define that? Given that it is regulated, what is the mechanism by which it might change over time?

The Hon. V.A. TARZIA: Good question; thank you, member for Elizabeth. 'Prescribed locality' will be defined as a list of postcodes contained either in the regulations or by Gazette notice as appropriate. The government intends to align the postcodes for the prescribed locality with the postcodes for district 2 of the compulsory third-party (CTP) insurance districts, which comprises part of the vehicle registration fees, making it easier for applicants to identify eligibility for a restricted learner's permit. Those postcodes closely align with areas of the state considered to be regional.

In terms of how they will be changed, I can advise that, from 1 July 2020, district 1 includes all postcodes between 5000 and 5200 (inclusive), with the exception of 5001, 5153, 5154, 5157 and postcodes 5231, 5232, 5240, 5242, 5245, 5250, 5251, 5501, 5942, 5950 and 5960. District 2 includes any area within South Australia outside of the postcodes above, plus localities listed within the following postcode areas: 5118, 5120, 5172, 5174 and 5501. I am happy to provide the member with further information in relation to those specific numbers.

The CHAIR: Last one.

Mr ODENWALDER: One more on that line, sir, and then I will move on. What is there, either in this bill or without this bill, to prevent a person from fabricating their address in order to get a licence? They may say they live with their aunty in a regional area or something of that nature. Is there anything that the government has considered to prevent people circumventing the system in that way, and would there be any penalties for doing so?

The Hon. V.A. TARZIA: Firstly, member for Elizabeth, I would ask that no-one fabricate those details because that would be a very bad thing. I am sure a whole raft of penalties could apply for fabricating such records. In terms of how a 16 or 17 year old who lives in regional South Australia applies for a restricted learner's permit, there will not be any special application process for the issue of a restricted learner's permit. Applicants will need to attend Service SA and, if they have not yet done so, undertake the learner's theory test.

For those who reside in a Rider Safe postcode area, they will be required to undertake the basic Rider Safe course. Once the basic Rider Safe course has successfully been completed and the person resides in a prescribed locality set out in the regulations, they will be issued with a restricted learner's permit for a motorcycle. A learner's permit will have a notation on it to remind the holder of the permit, as well as to alert SAPOL, that the person is only permitted to ride from their place of residence to attend tertiary education, vocational education and training, for work purposes or to participate in a recognised sporting activity.

A person will be eligible to have the restriction removed upon turning 17 and issued with a provisional licence for a car, or when they turn 18 years. So, until a restriction is removed, a person must continue to ride only for the purposes permitted by the exemption criteria.

Clause passed.

Clauses 8 and 9 passed.

Clause 10.

Mr ODENWALDER: We are getting through it not only because I wish to expedite this pretty quickly through the house but also because we have traversed a lot of these issues in the past. I do not want the impression to be that I am skipping over certain measures that are very important. I do have a couple of questions.

This is the clause which, amongst other things, mandates the hazard perception test as part of the deal to get a learner's permit. Obviously, we have seen some pretty bad statistics this year. Half of the deaths on our roads have been motorcyclists this year and last year was particularly bad as well. We have seen in the media recently, Anne-marie Taplin, the mother of Harry Taplin, who was tragically killed. She has been very vocal in the media calling for on-road training, as well as a whole lot of other things.

The minister mentioned in his second reading speech that there is a review of South Australia's training and assessment program for motorcycle riders, which is currently underway by the department. I have several questions, but first of all: has any thought been given to on-road training? Does it require legislative change and has he investigated this possibility yet? I should clarify: that is on-road training in order to get the learner's permit. I think that is what they are asking.

The Hon. V.A. TARZIA: Thank you, member for Elizabeth, for the question. Obviously, our hearts go out to Mrs Taplin. If I am not mistaken, I met Mrs Taplin yesterday and I certainly was willing to listen to her and appreciate her concerns. Hopefully, I will be able to work with her and other advocates in this area.

We are currently considering a report by KPMG into further on-road training for drivers. We will certainly continue to look at ways to improve road safety and that is why we want to see this bill passed in parliament as soon as possible: to save lives. The member for Elizabeth would appreciate that some of what he is referring to would be potentially under me, as Minister for Police and Road Safety, and some will also be potentially under the Minister for Infrastructure as well.

We will continue to monitor this situation. I think it is important. Let's progress these reforms. I am happy to have a conversation about those other measures on another day, but, yes, I have met with Mrs Taplin and the Ulysses group.

Mr ODENWALDER: When did this review begin and when is it expected to report? When will you make it public, minister?

The Hon. V.A. TARZIA: I do not have all those details here, member for Elizabeth, so I will take that one on notice.

Clause passed.

Clauses 11 and 12 passed.

Clause 13.

Mr ODENWALDER: This, as I understand it, relates to the carve outs for rural people, which various members have talked about already. I support the provision in the bill that allows young people in regional centres in—what do we call them?—prescribed localities to get to work and training. I am a little sceptical of the idea that sporting events are so essential. I understand the importance of sport. I have a young son who is very obsessed with his sport.

An honourable member: He's very good.

Mr ODENWALDER: He's very good, that's right. Every time he visits Campbelltown, the whole place erupts.

The CHAIR: He takes after his old man.

Mr ODENWALDER: Yes, that's right, he does—a chip off the old block. In any case, I do just want to clarify what is meant by other activities. Is there a hierarchy, in the minister's mind, when he drafts this bill? Is sport elevated above other activities that young people might find important, whether it is dancing or the chess club or whatever it might be? Why is sport elevated to such a high level that it is commensurate with work and training?

The Hon. V.A. TARZIA: You would appreciate, sir, that we on this side of the chamber have an enormous value that we place on our regional members and regional South Australia, and I note that they have provided advocacy for their electorates for an extended period in relation to this bill. We are fortunate to have many regional members of parliament, and they very strongly advocated for the needs of their constituents.

We did also accept community feedback on the CASR recommendations from the 2018 YourSAy survey that indicated that raising the age for a person to gain a learner's permit for a motorcycle to 18 could significantly impact on employment or education opportunities for young people in regional areas. Stakeholders from the ag industry also identified the need for provisions for young people involved in farming.

I think that the exemptions here, member for Elizabeth, strike a fair balance for young people in regional areas. As I have said on radio before, sir, you cannot catch an Uber to Oodnadatta (or I do not think you can, anyway), and there obviously are limited transport mechanisms in our regions.

The CHAIR: You could, minister, but it would cost a lot.

The Hon. V.A. TARZIA: Hypothetically you could, sir, but I don't think anyone is doing it at the moment. While the government acknowledges the many benefits provided by a range of rec activities, sport, in particular, we think plays an important role in regional communities. When I visited the West Coast, I think everyone out there was playing a sport—mainly football and cricket. It obviously plays an important role, a huge role, in our regional communities: it can bring regional communities together, contribute positively to community identity and sense of place and promote social interaction and community inclusion.

I noticed that some of the leagues could not play during the COVID-ridden season—what a travesty that that could happen—and it had its impacts. Sport also plays an important role in providing opportunities for physical activity and improved health outcomes, so we think that this achieves a good balance.

Clause passed.

Remaining clauses (14 to 16) and title passed.

Bill reported without amendment.

Third Reading

The Hon. V.A. TARZIA (Hartley—Minister for Police, Emergency Services and Correctional Services) (12:04): I move:

That this bill be now read a third time.

Mr ODENWALDER (Elizabeth) (12:04): I promise I do not intend to hold up the house with a third reading contribution. This has been a long time in the making. I want to reiterate first of all my disappointment that this has taken so long to reach this point but also my pleasure in the fact that the government did decide to carve out this morning to debate this bill and to bring it finally to the end of this process in the House of Assembly.

I sincerely hope that the government, when it considers its agenda for the Legislative Council in the following week and the weeks thereafter, will make a priority of this bill, an absolute priority of this bill. There are too many people losing their lives on motorcycles on our roads. This quite simple change could have been enacted two years ago. It was not, and we are still seeing countless needless deaths of motorcyclists on our roads.

I want to thank a couple of people who have helped me over the last couple of years in formulating my views on these things, particularly the Motorcycle Riders' Association of South Australia—Ebi, Cathy and Graeme—and Neville Gray from the Ulysses Club, and others with whom I have struck up not just a working relationship but something of a friendship. I have spoken on their radio show a few times.

They are passionate about this cause, not only about motorcycle licensing, and they desperately want to see a return to the days when the Motorcycle Reference Group would advise the minister. They would come in, sit down and talk about motorcycle road safety in a holistic way so that some of the tragedies we are seeing on our roads might be better avoided. With those words, I commend the bill to the house.

The Hon. V.A. TARZIA (Hartley—Minister for Police, Emergency Services and Correctional Services) (12:06): The data is certainly clear: young motorcyclists have a much higher risk of being involved in a tragedy on the road than they should have. We need to absolutely stop this carnage on our roads, and we need to protect motorcyclists. We need to protect families as much as possible from that devastating knock on the door that unfortunately some SAPOL officers have to make after a fatal crash.

What we need to do is implement a better licensing scheme so that novice motorcyclists gain the experience and the training they need to be safe road users. I believe that this bill will deliver a strengthened graduated licensing scheme for motorcyclists and will make our roads safer for all users. I thank members of this house for their cooperation—certainly the member for Elizabeth; the opposition; the government, especially members who have commented—and all the stakeholders. I commend the bill to the house.

Bill read a third time and passed.