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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
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Bills

Road Traffic (Roadworks) Amendment Bill

Second Reading

Adjourned debate on second reading (resumed on motion).

The Hon. S.C. MULLIGHAN (Lee—Minister for Transport and Infrastructure, Minister for Housing and Urban Development) (16:00): As we were discussing previously on this bill, I understand that there is a proposal from the member for Unley that the committee be directed to consider an amendment, which I understand includes a change of title of the bill as well as a new series of clauses for the consideration of left-hand turns at red traffic signals. I indicate that is not going to be supported by the government.

I want to address some of the other claims made by the member for Davenport, that the need for this legislation is the alleged culmination of a lack of attention or investment that has been paid to transport networks by the government since 2002. We know that nothing could be further from the truth. The member for Davenport quoted statistics that there are now as many registered vehicles as there are people living in South Australia, with both figures being approximately 1.7 million. That is a good way to conceive of the nature of the problem that we have.

As time goes on, as our population grows, what grows more rapidly than population is the number of vehicles that come onto our roads. That might not be just light vehicles, the cars we all might drive, but might include trailers, heavy vehicles and other types of vehicles as well. As the number of vehicles on our roads increases, so does the problem of congestion become more and more acute. What it requires is not just building more roads, not just adding more lane kilometres to existing roads or building new freeways and new interchanges, but it requires an improvement in how we are managing the existing road network that we have.

As I said in my earlier contribution on this bill when it was introduced to the house, this is very much what this part of Operation Moving Traffic aims to do, to make sure that we are removing unnecessary congestion from the road network around roadworks where people seek to take up road space in order to conduct changes or improvements to the road network. That is important, as is the other suite of Operation Moving Traffic initiatives which we continue to roll out and which continue to have some success in improving the efficiency of the road network in South Australia.

It is also important to remember the other efforts in which the government is engaged in giving South Australians a better service out of our road network. It is not just about the roads, although there is record investment in projects like the Northern Expressway, the Southern Expressway, the South Road Superway, and, as we are currently in the middle of building, the Torrens to Torrens, Darlington and Northern Connector upgrades to South Road. It is not just about those major projects but it is also about the record investment in public transport.

Back when the former member for Colton, the Hon. Patrick Conlon, was transport minister, we had a refurbishment of the diesel trains, and of course we are now refurbishing not just the interiors, as he did, but also the drive trains and bogies. We have also had the introduction of electric trains, the electrification of the line to Noarlunga and its extension out to Seaford, the introduction of the 4000 Class electric trains and the resleepering of nearly all of the metropolitan rail network.

We have also seen the introduction of the Metrocard ticketing system, which is the only introduction of a card-based ticketing system in Australia which has avoided the controversy in blowout and expense experienced interstate. We have also improved safety with the gradual introduction of automatic train protection to ensure that the safety of our trains, as well as those people around the train corridors, is being enhanced.

We are conducting a significant improvement to the rail signalling system, which the member for Davenport would know quite well, given the works that have been undertaken at level crossings in his electorate. I am sure he would be grateful to see the improvement in the service of the Belair train line from approximately 90 or 91 per cent on-time running to roughly 96 to 98 per cent over the last few months. These are all a direct result of the investments that the state government is making in public transport.

One of the things that galled me that the member for Davenport said was that we rely on others to make our investments. Nothing could be further from the truth. When you think back on the improvements just to the road network—not the public transport improvements I have spoken about, but just the road network that we have delivered alone, without assistance from the commonwealth government—we have the Port River Expressway, the opening road and rail bridges over the inner harbour of the port, the South Road/Anzac Highway underpass, the Southern Expressway duplication, the Bakewell Bridge, the tram overpass and the works that are underway at the moment with the O-Bahn, a massive increase to capacity for the eastern part of the inner city ring route.

These are all important efforts that will improve our road network and improve the service that South Australians get from our road network. I will conclude my comments there because I understand that we are to have a contribution a little later on from the member for Flinders, who unfortunately was detained from making a second reading contribution. I thank the members for their efforts, attention and support of this bill, and I look forward to receiving their questions in the subsequent stage of its consideration.

Bill read a second time.

Mr DULUK (Davenport) (16:07): I move:

That it be an instruction to the committee of the whole that it have the power to consider amendments relating to reviewing and reporting on intersections controlled by traffic lights and the installation of 'Left turn on red after stopping' signs.

The house divided on the motion:

Ayes 17

Noes 20

Majority 3

AYES
Bell, T.S. Duluk, S. (teller) Gardner, J.A.W.
Goldsworthy, R.M. Griffiths, S.P. Knoll, S.K.
Pederick, A.S. Pengilly, M.R. Redmond, I.M.
Sanderson, R. Speirs, D. Tarzia, V.A.
Treloar, P.A. van Holst Pellekaan, D.C. Whetstone, T.J.
Williams, M.R. Wingard, C.
NOES
Bedford, F.E. Bettison, Z.L. Bignell, L.W.K.
Brock, G.G. Caica, P. Close, S.E.
Cook, N.F. Gee, J.P. Hamilton-Smith, M.L.J.
Hildyard, K. Hughes, E.J. Key, S.W.
Koutsantonis, A. Mullighan, S.C. (teller) Picton, C.J.
Rankine, J.M. Snelling, J.J. Vlahos, L.A.
Weatherill, J.W. Wortley, D.
PAIRS
Chapman, V.A. Digance, A.F.C. Marshall, S.S.
Rau, J.R. McFetridge, D. Piccolo, A.
Pisoni, D.G. Odenwalder, L.K.

Motion thus negatived.

Committee Stage

In committee.

Clauses 1 to 4 passed.

Clause 5.

The Hon. S.C. MULLIGHAN: I move:

Amendment No 1 [TransInfr–1]—

Page 4, after line 11 [clause 5, inserted section 20(1), definition of work area]—After paragraph (b) insert:

(c) that is otherwise affected by works in progress (whether those works are occurring on the road or elsewhere);

Amendment No 2 [TransInfr–1]—

Page 4, line 21 [clause 5, inserted section 20(3)]—After 'this Part' insert:

and any regulations made for the purposes of this Part

Amendment No 3 [TransInfr–1]—

Page 4, line 29 [clause 5, inserted section 20(4)(a)]—Delete 'Commissioner of Highways' and substitute 'Minister'

Amendment No 4 [TransInfr–1]—

Page 4, line 39 [clause 5, inserted section 20(4)(b)(iv)]—Delete 'Commissioner of Highways' and substitute 'Minister'

Amendment No 5 [TransInfr–1]—

Page 5, line 3 [clause 5, inserted section 20(4)(b)(v)]—Delete 'Commissioner of Highways' and substitute 'Minister'

Amendment No 6 [TransInfr–1]—

Page 5, after line 16—After subsection (4) insert:

(4a) An authority, body or person must not close any portion of a prescribed road in connection with a work area or work site unless the authority, body or person holds a roadworks permit and closes the road in accordance with the permit.

Amendment No 7 [TransInfr–1]—

Page 5, line 18 [clause 5, inserted section 20(5)]—Delete 'Commissioner of Highways' and substitute 'Minister'

Amendment No 8 [TransInfr–1]—

Page 5, line 20 [clause 5, inserted section 20(5)]—Delete 'Commissioner of Highways' and substitute 'Minister'

Amendment No 9 [TransInfr–1]—

Page 5, lines 23 and 24 [clause 5, inserted section 20(6)(a)]—

Delete 'operates as a relevant authorisation for the purposes of subsection (3)' and substitute:

remains in force

Amendment No 10 [TransInfr–1]—

Page 5, line 31 [clause 5, inserted section 20(6)(b)]—Delete 'Commissioner of Highways' and substitute 'Minister'

Amendment No 11 [TransInfr–1]—

Page 5, line 38 [clause 5, inserted section 20(6)(d)]—Delete 'Commissioner of Highways' and substitute 'Minister'

Amendment No 12 [TransInfr–1]—

Page 5, after line 38 [clause 5, inserted section 20(6)]—After paragraph (d) insert:

(da) may be varied at any time by the Minister (including, without limitation, by extending any period or periods specified in the permit); and

Amendment No 13 [TransInfr–1]—

Page 5, line 39 [clause 5, inserted section 20(6)(e)]—Delete 'varied,'

Amendment No 14 [TransInfr–1]—

Page 5, line 40 [clause 5, inserted section 20(6)(e)]—Delete 'Commissioner of Highways' and substitute 'Minister'

Amendment No 15 [TransInfr–1]—

Page 6, lines 1 to 3 [clause 5, inserted section 20(7)]—

Delete 'Commissioner of Highways may refuse to issue a roadworks permit, the Commissioner of Highways' and substitute:

Minister may refuse to issue a roadworks permit, the Minister

Amendment No 16 [TransInfr–1]—

Page 6, line 7 [clause 5, inserted section 20(8)]—Delete 'Commissioner of Highways' and substitute 'Minister'

Amendment No 17 [TransInfr–1]—

Page 6, line 12 [clause 5, inserted section 20(8)(b)]—Delete 'Commissioner of Highways' and substitute 'Minister'

Amendment No 18 [TransInfr–1]—

Page 6, line 24 [clause 5, inserted section 20(9)(c)(i)]—Delete 'Commissioner of Highways' and substitute 'Minister'

Amendment No 19 [TransInfr–1]—

Page 7, lines 12 to 15 [clause 5, inserted section 20(12)]—

Delete 'on a road on behalf of the authority, this section applies to the contractor in relation to those works in the same way as it applies to the authority' and substitute:

on behalf of the authority, the contractor will, in relation to those works, be treated as if they were the authority for the purposes of this Act (and if the public authority holds an approval under section 17, or a roadworks permit, in respect of those works, the contractor will be treated as if they were the holder of that approval or permit)

Amendment No 20 [TransInfr–1]—

Page 7, after line 21 [clause 5, inserted section 20]—After subsection (13) insert:

(13a) For the purposes of this section, workers will be taken to be engaged at a work area—

(a) if the workers are present in the area or in the vicinity of the area; or

(b) if the workers are temporarily absent from the area for a period not exceeding 2 hours.

(13b) The regulations may prescribe standards or requirements for determining, for the purposes of this section—

(a) whether or not a work area involves a hazard to workers or a greater than normal level of hazard for persons using the road; and

(b) whether or not a work area involves an unusually high level of hazard to workers or persons using the road; and

(c) the circumstances in which a portion of road will be taken to be—

(i) affected by works in progress; or

(ii) used to regulate traffic in relation to works or for associated purposes; and

(d) the circumstances in which work will be taken to be required to be undertaken by a public authority as a matter of urgency.

Amendment No 21 [TransInfr–1]—

Page 7, lines 23 to 34 [clause 5, inserted section 20A]—Delete inserted section 20A

Amendment No 22 [TransInfr–1]—

Page 8, lines 4 to 5 [clause 5, inserted section 20B(1)]—Delete 'or the Commissioner of Highways (as the case may be)'

Amendment No 23 [TransInfr–1]—

Page 8, lines 9 to 10 [clause 5, inserted section 20B(2)]—Delete 'or the Commissioner of Highways (as the case may be)'

Amendment No 24 [TransInfr–1]—

Page 8, line 11 [clause 5, inserted section 20B(2)]—Delete 'or the Commissioner of Highways'

Amendment No 25 [TransInfr–1]—

Page 8, line 21 [clause 5, inserted section 20B(4)]—Delete 'or the Commissioner of Highways (as the case may be)'

Amendments carried; clause as amended passed.

Clause 6.

The Hon. S.C. MULLIGHAN: I move:

Amendment No 26 [TransInfr–1]—

Page 8, after line 23—Before the present contents of clause 6 (now to be designated as subclause (3)) insert:

(1) Section 21—after subsection (1) insert:

(1a) An authority, body or person—

(a) who contravenes section 20(3) by placing a speed limit sign on a road without obtaining the relevant authorisation required under that section; or

(b) who contravenes section 20(4a) by closing a portion of a prescribed road without obtaining a roadworks permit,

is guilty of an offence.

Maximum penalty:

(a) for a first offence—$20,000;

(b) for a subsequent offence—$50,000.

(2) Section 21(2)—after 'subsection (1)(a)' insert 'or subsection (1a)'

Amendment No 27 [TransInfr–1]—

Page 8, line 34 [clause 6, inserted subsection (4)]—Delete 'subsection (3)' and substitute:

'subsection (1a) or (3)'

Amendment No 28 [TransInfr–1]—

Page 8, line 40 [clause 6, inserted subsection (5)]—Delete 'subsection (3)' and substitute:

'subsection (1a) or (3)'

Amendments carried; clause as amended passed.

Clause 7.

The Hon. S.C. MULLIGHAN: I move:

Amendment No 29 [TransInfr–1]—

Page 9, line 20 [clause 7, inserted section 21A(c)]—Delete 'section 21(3)' and substitute 'section 21(1a) or (3)'

Amendment No 30 [TransInfr–1]—

Page 9, line 22 [clause 7, inserted section 21A(d)]—Delete 'section 21(3)' and substitute 'section 21(1a) or (3)'

Amendment No 31 [TransInfr–1]—

Page 9, line 27 [clause 7, inserted section 22(1)]—After 'section 21(1)(a)' insert '(1a)'

Amendment No 32 [TransInfr–1]—

Page 9, line 37 [clause 7, inserted section 22(2)(a)]—After 'offence' insert '(determined in accordance with section 20(13a))'

Amendment No 33 [TransInfr–1]—

Page 9, line 41 [clause 7, inserted section 22(2)(b)]—After 'road' insert:

(determined in accordance with any relevant standards or requirements prescribed under section 20(13b))

Amendments carried; clause as amended passed.

Remaining clauses (8 and 9), schedule and title passed.

Bill reported with amendment.

Third Reading

The Hon. S.C. MULLIGHAN (Lee—Minister for Transport and Infrastructure, Minister for Housing and Urban Development) (16:15): I move:

That this bill be now read a third time.

Mr TRELOAR (Flinders) (16:15): I want to make a brief contribution at this point because I was otherwise delayed during the second reading. I express my sadness at the way in which I feel the amendment was dealt with in this place; but, never mind, we did our best. Essentially, this bill deals with the importance of road signage and in particular speed limits in areas where roadworks are being undertaken. I am sure we have all felt frustration, particularly on weekends and after hours, when we come across a stretch of road where roadworks are being undertaken during work hours at least, when no work is being undertaken and the speed limit signs are still in place. That is something that needs to be dealt with in the context of this bill.

The bill allows for improved governance in roadworks and better coordination between utilities and the Department of Transport, and that is a good thing. It is unfortunate that it has taken so long. There are a lot of roadworks going on around the City of Adelaide at the moment. As an MP, I tend to drive around the city every second week at least and notice a lot of roadworks, and the closer we get to the city the more roadworks there are. I am sure a lot of them are designed to be completed in the lead-up to the 2018 election.

I appreciate the fact that roadworks are important, that signage around those roadworks is critical. In my patch, I would like to see more roadworks, in fact. That is an unusual thing for a country member to say. Other country members in this place would concur, I suspect, with what I am saying because even the Labor government eventually has to spend some money on regional roads. I must express my congratulations on the little bit of work that has been undertaken on the Tod Highway and my disappointment that it has not been completed as yet.

The minister and I have corresponded on this, and he has explained the reasons why work could not continue. In the end, the roadworks are not finished. Work remains unfinished on the Tod Highway, one of just three state highways on Eyre Peninsula in the seat of Flinders. Very important work that was being undertaken involved widening the road, particularly around corners. The bitumen on the road has been in place for a long time. It carries a lot of heavy traffic and, over the years, it has frayed at the edges to the point where I believe it has become quite unsafe, particularly at this time of the year when heavy trucks travel up and down the Tod Highway in huge numbers, and particularly during this year of what looks to be a record harvest.

Essentially, I believe that a wider road is a safer road and that we need to understand our responsibilities, particularly with regard to state highways. The Tod Highway bisects not only Eyre Peninsula but also the Lincoln Highway and the Flinders Highway. They all have their areas of really quite narrow bitumen. Truck drivers and heavy vehicle drivers do a wonderful job, but my concerns and fears are for them, particularly at this time of the year. I ask the minister and the government to always consider those regional roads and their importance in our agricultural production and also their contribution to the economy of the state generally. With that, I am happy to support the bill and look forward to its speedy passage.

Bill read a third time and passed.

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