Bills

Road Traffic (Penalties for Certain Offences with Child in Vehicle) Amendment Bill

Introduction and First Reading

The Hon. F. PANGALLO (17:00): Obtained leave and introduced a bill for an act to amend the Road Traffic Act 1961.

Second Reading

The Hon. F. PANGALLO (17:00): I move:

That this bill be now read a second time.

I rise today to introduce the Road Traffic (Penalties for Certain Offences with Child in Vehicle) Amendment Bill, a simple but vital measure aimed at protecting children from the reckless and dangerous actions of drivers who disregard not only the law but also the safety of young passengers. This bill strengthens penalties for drivers who engage in excessive speeding, reckless and dangerous driving or driving under the influence of drugs or alcohol while a child under 16 years is present in the vehicle.

This bill is a response to alarming statistics uncovered through a freedom of information request my office made to SAPOL and the Attorney-General's Department earlier this year. In the period from January 2022 to July 2024, 449 court matters were finalised, with a finding of guilt that involved drink or driving convictions, with at least one child under 16 present in the vehicle. Of these, 46 per cent involved drink driving, while 28 per cent involved methamphetamine and 15 per cent involved cannabis. These numbers reveal a distressing pattern of reckless conduct endangering young lives, reinforcing the urgent need for stronger deterrents.

Unfortunately, both SAPOL and the Attorney-General's Department do not hold specific data on convictions for excessive speeding or dangerous driving in circumstances where a child is in the car, but I can tell you that happens more often than you would like. For example, let me quickly read out a media release from SAPOL dated 29 April 2024:

A woman has been issued a hefty fine for speeding in excess of 60km/h in the Far North over the weekend. About 9am on Sunday 28 April, Far North Highway Patrol members spotted a car travelled south on Stuart Highway at Marla.

At this time police detected a Ford Territory station wagon travelling at 177km/h in a 110km/h zone. Police stopped the car and spoke with the driver, a 31-year-old woman from Huntfield Heights. Police also observed two children sitting unrestrained on the rear seat of the vehicle.

Two children were sitting unrestrained in a vehicle travelling on a regional road—it is not exactly the best road—at 177 km/h. You can imagine the tragedy that would have unfolded had that vehicle—the driver had lost control of the vehicle—either rolled or perhaps even collided with another car. It is just simply unacceptable to drive a vehicle at that speed with two children not wearing seatbelts in the back.

It is deeply concerning that in recent years there has been a rise in cases where drivers, often impaired by drugs or alcohol, endanger the lives of children in their vehicles. Police crackdowns have highlighted other shocking examples, such as drivers being caught under the influence during school drop-offs and pick-ups, adding another layer of risk to our roads. This bill ensures that such irresponsible behaviour will no longer go unchecked.

As proposed, the new law introduces what is essentially a circumstance of aggravation to several offences under the Road Traffic Act whenever a child is a passenger. This includes the following key provisions:

1. For excessive speeding and reckless and dangerous driving, the maximum penalty will be increased to three years' imprisonment, higher than the current two-year limit for other aggravated circumstances. Additionally, the penalty for repeat offending will also be increased to three years' imprisonment.

2. For driving under the influence of alcohol or drugs, new penalties are replacing the insufficient existing provisions, including fines ranging from $1,900 to $2,900 or imprisonment of up to six months when a child is present.

Before I conclude, I want to again emphasise the urgency of this legislation through a few other recent incidents. In Glenelg in May, a driver with a young child in the car blew .282 after public reports of poor driving and slumping at the wheel. Less than a fortnight ago, on 19 October, there was a single vehicle crash in Murray Bridge, where the driver blew .148. Two children were in the vehicle at the time and had to be taken to hospital. Finally, a month ago in Mitcham, on 24 September, SAPOL pulled over a woman using her phone with two children in the back seat. They tested her blood alcohol. She blew .333, over six times the legal limit.

For those who do not understand the characteristics of someone with a blood alcohol content of .3, let me explain it. At .1, you end up with slurred speech, significant impaired judgement and poor coordination. At .2, you have nausea, double vision and vomiting. At .3, you have alcohol poisoning, stage 1 anaesthesia, an inability to walk and a loss of bladder control. Those examples of the dangerous situations children are being subjected to are just a couple. This bill seeks to address these reckless actions with appropriately severe consequences.

These reforms send a strong message that South Australia will not tolerate such irresponsible behaviour on its roads. Not only are these drivers endangering their own lives and the lives of other road users but, more critically, they are risking the lives of innocent children in their vehicles. The penalties introduced by this bill are designed to deter this behaviour and ensure those who engage in it face the full weight of the law. I urge all members of this chamber to support the bill and join me in making our roads safer for everyone, particularly for the children who rely on us to protect them from harm. I commend the bill to the chamber.

Debate adjourned on motion of Hon. I.K. Hunter.