Road Traffic (Roadworks) Amendment Bill

Second Reading

The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (22:34): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

In 2015 the South Australian Government launched Operation Moving Traffic to improve the efficiency, reliability and safety of our transport network.

South Australia depends on its road and public transport networks to reliably and efficiently move people and goods where and when they're needed.

How we manage congestion on our road network has a direct bearing on the mobility or our community, our economy and our competiveness both as great a place to live and do business.

Operation Moving Traffic is already providing South Australians with tools to manage congestion.

We have switched on 28 electronic signs across Adelaide's road network, particularly on key routes at decision points for motorists, and on projects such as Darlington and Torrens to Torrens to provide road users with up-to-date information about travel times to help them make informed travel and journey decisions.

Operation Moving Traffic has and continues to deliver real-time travel delay information on congestion and unexpected delays through the Traffic.sa.gov website, and the smartphone app Addinsight and the expansion of the Bluetooth network to deliver real-time information across more of the Adelaide's road network

Today I rise to speak to another initiative within this strategy that the Government proposes to undertake to keep Adelaide moving.

As one of the initiatives in the Operation Moving Traffic reforms, the government also announced new laws to better govern roadworks conducted on our arterial roads.

The inappropriate and incorrect usage of roadworks speed limits, other traffic control measures and devices is a major cause of congestion on our roads. It causes significant disruptions for motorists, commuters, the general community and those people and industries who derive an income from the use of the road network.

The resulting congestion and disruption has brought about considerable and often justifiable public criticism and frustration. It is within the power of this government to remedy this mischief and will do so through the Road Traffic (Roadworks) Amendment Bill 2016 which will effectively address this major cause of traffic congestion while ensuring that roadworkers remain safe

The Department of Planning, Transport and Infrastructure (DPTI) can quantify, for illustrative purpose, the approximate cost of congestion through lost productivity to the South Australian community and industry by using data from its Addinsight Bluetooth System and comparing travel times disrupted by road works against historical travel times for the same section of road. From this comparison, the number of vehicle-hours of delay can be approximated and converted to a monetary value using unit costs defined by Austroads.

Applying the Austroads' model to the recent road works on West Terrace, Adelaide, during the morning peak period, DPTI has estimated nearly 6,000 vehicle hours of extra delay was created. At $20 per vehicle hour, the delay costs for that morning alone was $115,000 when compared to normal running for the same period the previous week.

These indicative figures do not include the wider social costs arising from congestion nor do they reflect changes in the cost of living which have occurred since 2005 when the Austroads model was created.

There will be times when such delays and costs are unavoidable due to the need to undertake urgent works on the road. This Bill is not concerned with such works if they are undertaken efficiently and expediently.

This Bill is a comprehensive approach to the management of roadworks. It is not simply an attempt to address the use of one particular sign on our roads – which is the shallow and vacuous approach taken by the Opposition on this matter.

Rather this Bill aims to comprehensively amend the provisions relating to traffic control devices and road works in the Road Traffic Act 1961 (Road Traffic Act) to optimise traffic flow while ensuring safety at road works through requiring proper risk management and compliance with tightened standards.

The Bill also addresses the source of much public anger and criticism that drivers have subject to fines for exceeding the posted speed limit at road works when there have been no workers present at the site. The reason for this is that the Road Traffic Act contains an evidentiary provision that deems all traffic control devices to be lawfully installed and therefore must be complied with. In addition, some drivers may not appreciate that a lower speed limit is required due to a level of hazard associated with the roadworks.

This evidentiary presumption will be amended so that the offence does not apply at certain times when for example, workers are not within the vicinity of the road works but the work area necessitates a slower speed due to certain conditions which create a hazard such as loose gravel or steel plates on the road).

Additionally the Bill will:

First, provide for better planning by road workers and others authorised to use traffic control devices, including through appropriate risk assessments and project management are undertaken to:

adequately protect workers whilst maximise the flow of traffic, and

ensure compliance with required standards in line with work, health and safety legislative, regulatory and policy requirements to protect workers and other road users.

Second, establish a permit regime whereby the Minister for Transport may issue a permit to any business or entity requiring to use of speed signs or full or partial road closure for the purposes of any road works undertaken or as otherwise required for any off-road construction that may adversely impact on congestion of the road network. The proposed permit regime will only apply to roads that are either under the care, control and management of the Commissioner of Highways (COH) or prescribed by regulations and subject to any conditions deemed appropriate. Any non-compliance with the conditions or guidelines may void the operation of the permit to use the traffic control devices.

Third, Public Authorities (utilities) will be subject to the proposed permit regime except where they are required to carry out road work as a matter of urgency. For example a burst water or gas main. In these instances the Bill will require Public Authorities to notify the COH as soon as practicable or otherwise within 2 hours of placing signage on the road, and complete the roadworks within a 24 hour period. The Bill enables an extension of time to be obtained on further request from the COH where necessary.

Fourth, this Bill further addresses the long standing problem of lack of coordination by utilities with DPTI when planning major upgrades. The Bill manages this problem by requiring utilities to:

consider the impact of non-urgent and routine maintenance works on traffic flows, congestion and disruption to the road and public transport networks

better plan how and when work can be undertaken (for example, outside of peak hours, staging to reduce the time and size of the physical impact of work): and

avoid duplication of effort such as digging up a road when it has just been resealed. (In this situation the road must be again resealed resulting in unnecessary disruption, congestion and duplication of costs and works).

Five, this Bill will require Public Authorities (such as utilities) to comply with guidelines issued by the Minister for Transport as required under the Road Traffic Act and better align South Australia to nationally agreed road work practices.

Six, penalty levels, structures and enforcement options will be updated and in this regard the Bill will:

impose penalties for breaching conditions of an approval or permit relating to the incorrect use and placement of speed signs at road work sites (25km, 40km, and 80km/h signs) and for not having obtained a permit or approval in the first place. The maximum penalties will be $20,000 for a first offence and $50,000 for a subsequent offence.

introduce penalties (calculated using the Austroads congestion modelling referred to above) for failure to complete works within the prescribed time and enable the Minister for Transport to recover the such amounts as a debt against the permit holder.

introduce an economic penalty that may be awarded by the Court upon application by the prosecution following a conviction for an offence if it can be shown that the defendant received an economic benefit or there was a cost to the community or government as a result of the commission of the offence.

Penalties covering the inappropriate use of different speed limit signs, whether it be 25km/h, 40km/h, 60km/h, or 80km/h are necessary, particularly to account for roadworks in the greater metropolitan area and regional areas of South Australia. Imposing penalties only for 25km/h would deny the benefits to the regional communities of this state – another reason why this Bill is a far more comprehensive approach then the Oppositions.

Seven, the Bill enables authorised officers to remove speed limit signs that are used inappropriately—in other words where workers are not engaged at the work area; and the condition of the road in the work area is not such that it represents a greater than normal level of hazard for persons using the road.

And finally, in accordance with the principles of natural justice and the precepts of administrative law, create a right of appeal to District Court for anyone aggrieved by a decision of the Minister for Transport:

not to approve an application related to the installation of a traffic control device; or

for a permit to carry out road works; or

the variation, suspension or revocation of a road works permit.

These measures will apply to all road authorities such as State and Local Government, as well as power, gas, telecommunications, water utilities and any organisations that use roadwork signage.

However, the RAA, and other similar service providers, emergency services and anyone who temporarily stops on the road to render assistance to another person will, through regulations be excluded from the operation of these provisions.

This Bill will mean that will South Australians no longer have to put up with lanes being unnecessarily closed or speed restrictions being in place when not required or longer than necessary as occurred on Port Road for more than a year as the new Royal Adelaide Hospital was being built.

No longer will we have to endure unnecessarily prolonged closures of lanes on main arterial routes, such as has occurred on West Terrace for a year or 25 kilometre per hour speed restrictions on weekends or after hours when no road workers are present and there is no significant risk posed to motorists and pedestrians by road works in progress.

No longer will South Australians have to endure disruptions because repairs to the road network take longer than is strictly expedient or necessary.

The reforms that will be delivered by this Bill, in conjunction with the government's record infrastructure spend, such as the Torrens to Torrens works, the Darlington project, the Port River Expressway, the Northern Connector project and the O-Bahn project will deliver substantial and enduring improvements which will positively impact on congestion and disruption on both the road and public transport networks and keep Adelaide moving.

I commend the Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Road Traffic Act 1961

4—Amendment of section 17—Installation etc of traffic control devices—general provision

This clause amends the provisions on Ministerial approvals in relation to traffic control devices. The amendments provide that an approval may be issued to an authority, body or person of a class determined by the Minister or to an authority, body or person who applies under the section. The amendments then make provision in relation to such applications.

5—Substitution of section 20

This clause replaces the current section 20 as follows:

20—Work areas and work sites

Proposed section 20 provides a new scheme for management of speed limits in work areas and work sites. Placement of speed limit signs must be authorised by a roadworks permit issued by the Minister or, in some circumstances (specified in proposed section 20(4)(b) and (c)), by Ministerial approval under section 17. The section also—

sets out various provisions in relation to the issue of roadworks permits;

specifies the speeds to be indicated by speed limit signs;

requires an authority, body or person who has placed a speed limit sign on a road under the section to ensure that there is signage indicating that the speed limit signs relate to roadworks or a work site or work area and that speed limit signs are removed if there are no workers in the work area and there is no increased level of hazard for road users;

provides that if the removal requirements are not complied with in relation to a speed limit sign, the sign is of no legal effect during the period of non-compliance and may be removed by an authorised officer.

The section doesn't apply to SA Police or police officers and the regulations may also prescribe exclusions.

20A—Appeal to District Court

Section 20A provides for an appeal to the District Court on issues relating to Ministerial approvals and roadworks permits.

6—Amendment of section 21—Offences relating to traffic control devices

This clause creates a new offence of contravening proposed section 20(3) by placing a speed limit sign on a road without obtaining the relevant authorisation or contravening section 20(5) by closing a portion of a prescribed road without obtaining a permit. This clause also creates a new offence for the holder of an approval or permit if they fail to comply with conditions of the approval or permit relating to speed limit signs placed on a road under section 20 in respect of a work area or work site or any other traffic control devices used in connection with the work area or work site. The maximum penalty for these new offences is $20,000 for a first offence and $50,000 for a subsequent offence. In addition, if a court is presented with evidence of any economic benefit to the defendant obtained by the commission of the offence or the estimated costs to government or to the community, or a section of the community, as a result of the commission of the offence (including costs relating to increased traffic congestion) the court may, on convicting the defendant, order (in addition to any penalty imposed) payment to the Crown of the amount of such economic benefit or of such costs, or any portion of such benefit or costs, that the court thinks fit in the circumstances.

7—Substitution of section 22

New section 21A provides for various amounts to be paid into the Highways Fund. The changes to section 22 are consequential to proposed section 20(11) and (12).

8—Amendment of section 45A—Excessive speed

This amendment is consequential to proposed section 20(11) and (12).

9—Amendment of section 176—Regulations and rules

This clause amends the regulation making power to ensure that regulations can provide for the waiver, reduction or remission of fees and to increase the maximum expiation fee that may be prescribed for offences against the Act from $1,250 to $5,000.

Schedule 1—Transitional provision

The transitional provision preserves the current Ministerial approvals under section 17 of the Act and ensures that, for works in progress immediately before the commencement of the measure, the approval in respect of those works will continue to have effect as if it were a permit or approval as required under section 20 as substituted by the measure.

Debate adjourned on motion of Hon. S.G. Wade.