Bills

Statutes Amendment (Drug Driving Penalties) Bill

Introduction and First Reading

The Hon. D.G.E. HOOD (17:07): Obtained leave and introduced a bill for an act to amend the Motor Vehicles Act 1959 and the Road Traffic Act 1961. Read a first time.

Second Reading

The Hon. D.G.E. HOOD (17:08): I move:

That this bill be now read a second time.

I rise to introduce the Statutes Amendment (Drug Driving Penalties) Bill 2017. I realise that we do not have the appropriate time to conclude debate on this bill before the prorogation of the parliament occurs, so I flag with members that my intention in doing this tonight is to reintroduce this bill when parliament resumes in April next year. I have spoken at length on numerous occasions regarding drug driving and I do not wish to canvass all that information again, so this contribution shall be concise.

The Australian Conservatives believe that drug driving is an unacceptable and negligent choice people make that places other lives at risk. According to testing, drug driving has substantially increased over recent years, and it is something that most South Australians are very concerned about. In our view, we have been too lenient on drug drivers, and it is time that appropriate measures were taken to ensure that especially those who continually choose to break the law and drive under the influence of a controlled substance will receive a significant penalty.

Nearly one-quarter of drivers who are killed on South Australian roads test positive to THC, methamphetamine, MDMA or a combination of these. A whopping 37 per cent of drivers and motorcyclists killed each year test positive to some form of illicit substance, alcohol or a combination of both. Of course, these statistics only relate to those who actually are tragically killed in the accident. They do not include statistically how many choose to drug drive and are not detected or are not killed.

Anecdotally, it seems this number is significantly higher. Indeed, there is good evidence to support that observation. For example, last year, police caught 14 drivers in one day who tested positive for drug driving. In 2015, seven drivers were detected drug driving in a single day around school zones. It is gravely concerning that people are driving under the influence of illicit substances around children. It is equally disturbing to think that many other drug drivers risk innocent lives and their own life, especially when many go undetected. How many are doing it, of course, we do not know.

Given the frequency of drug driving, I find it incredibly alarming that many drivers report being unaware of the effects that these drugs can have on their driving ability; that is, drugs in many cases create drowsiness. They can and do slow reaction times in some cases. In many cases, they produce an inability to judge speed or distance and create distortions of time, place and space. Drug drivers can also be overconfident in their abilities and make bad judgements in spur of the moment decisions.

We have been advocates for increased penalties over the years. It is a legacy that the Australian Conservatives will continue to pursue. We believe that the penalties under the current legislation are inadequate and fail to provide any real deterrent effect to those who choose to repeatedly drug drive.

Under the current law, a third offence of drug driving—that is, someone who has been detected for a third time—carries a 12-month licence disqualification, which we say is inadequate. A subsequent offence—that is, a fourth or more offence—carries a two-year disqualification. Again, we say this is inadequate. We attempted to modify these penalties in the Statutes Amendment (Drink and Drug Driving) Bill, but even under that bill, the disqualification times are small in comparison with the risk and potential danger that occurs every time someone chooses to get behind the wheel whilst under the influence of a mind-altering substance. In this case, we are talking about illicit substances.

Drug driving should not be tolerated, especially repeat drug driving. I do not believe as a parliament we have successfully navigated the issue and found an appropriate penalty for what is occurring on our roads. Today, this bill introduces a mandatory period of a five-year licence disqualification for anyone who commits a third or subsequent drug-driving offence. As I have said in this place before, it is important to remember that driving is not a right but a privilege, and it comes with great responsibility. The Australian Conservatives have no sympathy for drivers who are caught drug driving, especially those who do so repeatedly.

Where a person has been caught drug driving on three separate occasions, it is clear that they willingly flout the law and have a propensity to continue to do so, putting everyone at risk. Accordingly, anything short of a minimum five-year disqualification period is simply not adequate in our view. I urge members to support this bill when the parliament returns in 2018.

Debate adjourned on motion of Hon. T.J. Stephens.