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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-09-10 Daily Xml
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ROAD TRAFFIC (CONSUMPTION OF ALCOHOL WHILE DRIVING) AMENDMENT BILL

Introduction and First Reading

The Hon. R.B. SUCH (Fisher) (10:42): Obtained leave and introduced a bill for an act to amend the Road Traffic Act 1961. Read a first time.

Second Reading

The Hon. R.B. SUCH (Fisher) (10:42): I move:

That this bill be now read a second time.

When I raised this issue publicly, it received quite wide coverage, because many members of the public, and I suspect many members of parliament, believed that it was already an offence to consume alcohol when in charge of a vehicle. That is not the case in South Australia; it is not illegal to drink alcohol as you drive. In my view, it makes a mockery of drinking and driving as an activity, where we try to separate the two.

Currently, Victoria and South Australia are the only two jurisdictions that have this anomaly, and I understand that Victoria will move to close it off soon as well. Some people have wondered what is wrong with what is called a 'roadie'—that is, a drink or a can as you drive along the road. My argument is: what is wrong with pulling over and stopping for five minutes or having it at your workplace or the pub?

The point is that it sends a very bad message if you are in a car with children or young teenagers and you pull up only to see someone drinking alcohol while in charge of a vehicle. Naturally, children or young teenagers will ask why you can drink alcohol and drive at the same time. I think we should be sending a message that the two things do not—and should not—mix.

Western Australia's provisions are a lot more extensive and tougher than those I am proposing. Their law prohibits anyone from drinking in public places and that includes drinking alcohol on any road in the metropolitan area, including a parked car or a moving vehicle. My provision does not go that far. The bill provides:

A person must not consume alcohol while driving a vehicle or attempting to put a vehicle in motion.

It carries an expiation penalty of $300 if the vehicle is a motor vehicle and $60 if it is not a motor vehicle. My provision does not go as far as Western Australia. New South Wales, under its Road Traffic Rules, rule 298-1 provides that a person must not consume alcohol while driving. In New South Wales it is also a penalty offence, attracting a $243 traffic infringement notice with a loss of three demerit points. In Queensland, under its Transport Operations (Road Use Management—Road Rules) Regulations 1999, it provides that a driver of a vehicle must not drink liquor while driving a vehicle. The maximum penalty is up to $1,500 and it attracts a fine of $300 and $100 if a person is riding a bike while consuming alcohol; so it is more extensive and much tougher in terms of penalty than what I have in my proposal.

The provision is also much more extensive in Tasmania. Under its Road Safety (Alcohol and Drugs) Act 1970, section 7 provides that no person shall drive a vehicle while he or she is consuming intoxicating liquor, and it also bans passengers from consuming alcohol. I am not proposing that; I think that is probably taking the issue further than is necessary. The penalty is up to $1,200 or imprisonment for up to six months, plus disqualification for up to three years. I am not proposing anything as draconian as that, but I think we need some deterrent.

Some would argue that under current law a police officer could issue a penalty to a person driving without due care—and that could include drinking iced coffee. I believe that is possible, but I think there is a distinction, particularly in relation to the message we are trying to get out about drinking alcohol while driving, and a significant difference between consuming iced coffee and drinking alcohol as one travels along or attempts to drive a vehicle.

In South Australia under the Passenger Transport Act 1994 it is an offence to consume alcohol in a passenger vehicle (a bus) or at a station or bus stop unless it is consumed in a prescribed area specifically set aside for that purpose. Police could charge someone with driving without due care or inattentive driving. We see plenty examples of people putting on make-up, cleaning their teeth or having a shave—all sorts of inappropriate things as they drive along. I do not believe that people will be drunk after one can of beer, although if we allow people to drink while they are driving it could well happen that by the time they have had three or four roadies (as they are called) they might not be in a suitable condition to drive.

My main intent is to make clear to the public that there is a distinction between driving and consuming alcohol. Some people do not think it is an issue, but I have heard reports of people doing just that and, in a sense, thumbing their nose at the community. I am not suggesting that the shearers on Kangaroo Island are doing that, but some people think it is quite smart to drive in places, such as Glenelg, flashing the can while they drink. It sends a very bad message, particularly to young people.

I commend the bill to the house. It is a simple bill which closes an anomaly which some people did not realise existed. It will bring us into line with most of Australia, and I understand Victoria will also move shortly to close off this loophole. I commend the bill to the house.

Debate adjourned on motion of Mrs Geraghty.

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