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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2022-09-27 Daily Xml
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Bills

Statutes Amendment (Use of Devices in Vehicles) Bill

Introduction and First Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Police, Emergency Services and Correctional Services) (15:48): Obtained leave and introduced a bill for an act to amend the Motor Vehicles Act 1959 and the Road Traffic Act 1961.

Second Reading

The Hon. J.K. SZAKACS (Cheltenham—Minister for Police, Emergency Services and Correctional Services) (15:48): I move:

That this bill be now read a second time.

The Malinauskas government is committed to reducing dangerous and high-risk behaviours when it comes to driving, such as distraction on South Australian roads. Driver distraction is nationally recognised as a significant road safety risk. It is one of the leading causes of fatalities and serious injuries and crashes on South Australian roads.

This bill amends the Road Traffic Act 1961 to include an enabling provision that will allow for the use of mobile phone detection cameras. The bill also contains consequential amendments to the Motor Vehicles Act 1959 as required to ensure consistency of definitions across both acts.

Mobile phone detection will be able to occur through purpose-built high-definition safety cameras at high-risk metropolitan sites. The cameras will target drivers illegally using a mobile phone whilst driving. Between 2017 and 2021 inclusive, 51 per cent of lives lost and 34 per cent of serious injury crashes listed inattention as a contributing factor. That equates to 247 lives cut tragically short and 1,330 people living with the lifelong effects of serious road trauma.

Thousands of tragedies are occurring to our families, to our friends and to our colleagues every year and this bill is just one measure in what will take a concerted ongoing effort to make our roads safer. I am committed to the task. I know the Premier is committed to the task and I welcome the support of all members of this chamber and the other place in this important work.

Over the past four years, well over 30,000 expiation notices were issued to drivers in South Australia for mobile phone offences. That is an incredibly disappointing number. It is a high number, and it represents only those motorists who were caught. This bill will ensure greater deterrence is achieved through increased detection capability.

Funds collected by this initiative will be directed to the Community Road Safety Fund for reinvestment in projects that will continue to make our streets safer and further reduce the risk for people who are doing the right thing on our roads. Some of the projects recently supported by the Community Road Safety Fund include flexible curtain and semi-flexible steel barriers to improve safety for motorbike riders, roundabouts and additional turning lanes on our major roads.

This government is moving swiftly to bring about this important detection and deterrent capability. The introduction of mobile phone detection camera capability in South Australia is a tangible action to support South Australia's Road Safety Strategy and our target of reducing serious casualties on South Australia's roads to fewer than 43 lives lost and fewer than 474 serious injuries by 2031.

Mobile phone detection cameras have been implemented for enforcement purposes in other jurisdictions, including New South Wales and Queensland, and are currently being trialled for use in Victoria and the Australian Capital Territory. These cameras will complement existing on-road enforcement and road safety campaigns to reduce distraction by deterring drivers from illegally using their phones. The cameras in operation interstate have proven effective and an extremely good deterring factor in identifying drivers illegally using a mobile phone while driving.

Most of us know a family member or someone in our friendship group who has been forever scarred by road trauma. It is absolutely within our collective capacity to take the sometimes difficult but necessary steps that will save lives on our roads because distracted drivers die, and this bill will go some way to reduce the instances of drivers using mobile phones while driving.

I encourage all members in this place to think about the serious impact that road trauma has in our communities when considering their support for this bill. I urge everyone in our community to remain vigilant to the fatal five causes of road trauma when they get behind the wheel: drink and drug driving, speeding, driving while distracted, not wearing a seatbelt and dangerous road behaviour.

Do not think that it cannot happen to you. Do not think that it cannot happen to someone you love. We hear tragic stories all too commonly of those loved ones lost and their lives cut tragically short. Even one life saved on our roads is a job well done because one life lost on our roads is one life too many. We must do everything we reasonably can to ensure that everyone comes home safe and that is why introducing mobile phone detection cameras in South Australia is a positive road safety initiative aimed at reducing serious injuries and lives lost on our South Australian roads. I commend the bill to the house and 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

These clauses are formal.

Part 2—Amendment of Motor Vehicles Act 1959

3—Amendment of section 5—Interpretation

This clause amends section 5 of the principal Act by inserting a definition of series of photographs to clarify the meaning of that term for the purposes of the Act. A series of photographs includes a film, video or other continuous visual recording.

4—Amendment of Schedule 1—Evidence obtained by photographic detection device

This clause amends clause 4(a) of Schedule 1 of the principal Act to more clearly reflect the existing reference to a series of photographs in that clause.

Part 3—Amendment of Road Traffic Act 1961

5—Amendment of section 5—Interpretation

This clause amends section 5 of the principal Act by inserting a definition of series of photographs to clarify the meaning of that term for the purposes of the Act. A series of photographs includes a film, video or other continuous visual recording.

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

This clause amends section 79B(10) of the principal Act to more clearly reflect the existing reference to a series of photographs in that subsection.

7—Insertion of section 175B

This clause inserts new section 175B into the principal Act.

175B—Evidence relating to use of devices in or on vehicles

This section empowers the making of regulations or rules to prescribe certain evidentiary provisions. The evidentiary provisions must relate to evidence obtained through the operation of certain photographic detection devices and must only facilitate proof of certain offences relating to the use of a device in or on a vehicle.

Both the photographic detection devices and the offences relating to the use of devices in or on a vehicle must be prescribed by regulation. The evidentiary provisions can include presumptions that have to be rebutted by the defendant. The power to make evidentiary provisions under this section does not derogate from any other power under the Act to prescribe evidentiary provisions.

Debate adjourned on motion of Mr Teague.

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