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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2021-09-08 Daily Xml
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Road Traffic (Drug Driving and Careless or Dangerous Driving) Amendment Bill

Introduction and First Reading

The Hon. V.A. TARZIA (Hartley—Minister for Police, Emergency Services and Correctional Services) (16:03): Obtained leave and introduced a bill for an act to amend the Road Traffic Act 1961 and to make related amendments to the Motor Vehicles Act 1959. Read a first time.

Second Reading

The Hon. V.A. TARZIA (Hartley—Minister for Police, Emergency Services and Correctional Services) (16:03): I move:

That this bill be now read a second time.

The Marshall Liberal government is committed to ensuring that South Australian roads are as safe as possible and that drivers who put other road users at risk are excluded from driving as soon as they are caught. This bill allows police to step in at the roadside where drivers have engaged in clear-cut behaviour that puts the safety of road users at risk. For the first time anywhere in Australia, the bill will allow for police to issue a notice of immediate loss of licence for a first offence of drug driving.

The bill complements the recent amendments to the Criminal Law Consolidation Act 1935 which allows police to issue a notice of immediate loss of licence for the offences of extreme speed and causing death or harm through use of a motor vehicle.

Speed kills. Reckless and dangerous driving kills. Drug driving kills. Offenders should have, and will have, their authority to drive removed at the earliest possible opportunity. This bill will see justice that is swift, certain and fair. Most importantly, these changes seek to protect the law-abiding community.

Driving is a privilege, not a right. If irresponsible and selfish drivers are putting other road users at risk, our community would expect action to be taken immediately. So the bill will allow police to issue a notice of immediate loss of licence for the offences of reckless and dangerous driving, and drug driving. It removes the need for police to first issue an expiation notice for the offence of excessive speed before issuing a notice of immediate loss of licence.

The bill extends the scope of aggravating circumstances that will now be applicable to the offences of both careless driving and excessive speed. They will align with those in the Criminal Law Consolidation Act 1935 including driving a stolen vehicle, driving on a restricted licence or without proper authorisation to begin with or having passengers in the vehicle.

Too many lives have been needlessly lost through this type of behaviour, and I want to take this opportunity to thank the family and friends of Nicholas Holbrook for allowing police to recently bring the story of his tragic death to bear on the public conscience.

The bill also raises the financial penalty for excessive speed and allows for imprisonment for an aggravated or subsequent offence. It will also provide for the possibility of a longer imprisonment term for a subsequent offence of reckless and dangerous driving.

Importantly, the bill will enable the Commissioner of Police to withdraw a notice of immediate loss of licence and reissue a fresh notice. This power will allow irregularities to be cured without losing sight of the original offending. Until now, a person to whom a notice of immediate loss of licence is given has had to apply to a court to lift or modify a roadside suspension or disqualification. In the past, this has occurred, for example, when an offender has given a false name and/or address, requiring an innocent party to seek the assistance of the court to clear their name. Under this bill, such issues will be able to be cured administratively by police.

For those who persist in driving when prohibited from doing so, the bill also increases the relevant penalties. Driving suspended or disqualified, when not a fines enforcement matter, will be increased to 12 months' imprisonment for a first offence, with a second or subsequent offence attracting up to three years' imprisonment.

The Road Traffic (Drug Driving and Careless or Dangerous Driving) Amendment Bill 2021 is another significant step as part of a suite of measures already implemented by the Marshall Liberal government since 2018 to increase road safety for the community. The bill significantly strengthens the legislative response both to the initial stage for breaches of our road rules and also to the penalty regimes that follow.

I look forward to all members joining me in sending a message to selfish drivers that their reprehensible behaviour will not be tolerated. I commend the bill to the house and I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

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 45—Careless driving

This clause amends section 45 of the principal Act to expand the list of aggravating circumstances that apply.

5—Amendment of section 45A—Excessive speed

This clause amends section 45A of the principal Act to make provision for aggravated offences and sets out the aggravating circumstances that apply.

6—Amendment of section 45B—Power of police to impose licence disqualification or suspension

This clause amends section 45B of the principal Act to provide that the notice of licence disqualification or suspension may be issued if the police officer reasonably believes that the person has committed an offence against section 45A of the principal Act.

This clause deletes subsection (6).

The clause also makes provision for the withdrawal of a notice in certain, specified circumstances.

7—Amendment of section 45D—Power of police to impose licence disqualification or suspension for section 45C etc offences

This clause amends section 45D of the principal Act to alter the commencement of the relevant period for the purposes of the provision.

8—Amendment of section 46—Reckless and dangerous driving

This clause substitutes the penalty provision to provide for first and subsequent offences.

9—Amendment of section 47D—Payment of costs incidental to apprehension etc

This clause amends section 47D of the principal Act to expand the list of costs that the court may order.

10—Amendment of section 47IAA—Power of police to impose immediate licence disqualification or suspension

This clause amends section 47IAA of the principal Act to include offences against sections 46 and 47BA(1) or (1a) in the list of offences to which section 47IAA applies.

The clause substitutes subsection (2) to make special provision for the issuing of a notice of immediate licence disqualification or suspension in the case of an offence against section 47BA(1) or (1a).

The clause amends subsection (12) to make special provision (in relation to the commencement of the relevant period) for a notice of immediate licence disqualification or suspension in respect of an offence against section 47BA(1) or (1a). It also amends subsection (12) to make special provision (in relation to the end of the relevant period) for a notice that relates to an offence against 47BA(1) or (1a).

The clause also makes provision for the withdrawal of a notice in certain, specified circumstances.

11—Amendment of section 47IAB—Application to Court to have disqualification or suspension lifted

This clause amends section 47IAB of the principal Act to facilitate the making of an application to the Magistrates Court to have a disqualification or suspension lifted in relation to a notice of disqualification or suspension issued under section 45B(1)(b).

12—Amendment of section 79B—Provisions applying where certain offences are detected by photographic detection devices

This clause inserts subsection (4a1), which disapplies subsection (4) in the case of an expiable offence against section 79B if the prescribed offence that the vehicle appears to have been involved in is an offence against section 45A of the principal Act.

Schedule 1—Related amendments

Part 1—Amendment of Motor Vehicles Act 1959

1—Amendment of section 74—Duty to hold licence or learner's permit

This clause amends section 4 of the principal Act to insert a reference to section 91(5a).

2—Amendment of section 81D—Disqualification for certain drug driving offences

This clause amends section 81D of the principal Act to provide for the cancellation or disqualification of a licence or permit on expiation of an offence to which the section applies.

3—Amendment of section 91—Effect of suspension and disqualification

This clause amends section 91 of the principal Act to provide that a person must not drive a motor vehicle on a road while the person's licence or learner's permit is suspended or while the person is disqualified from holding or obtaining a licence or learner's permits. The provision sets different penalties depending on whether the person's licence or learner's permit is suspended under section 38 of the Fines Enforcement and Debt Recovery Act 2017.

4—Amendment of section 139BD—Service and commencement of notices of disqualification

This clause makes an amendment consequent on the proposed amendments to section 81D(2).

Debate adjourned on motion of Mr Picton.

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