HANSARD
SITTING CALENDAR
SEARCH
LIVE BROADCAST
Hansard Dynamic Subject Index
Legislative Council - Fifty-First Parliament, Second Session (51-2)
2007-10-17 Daily Xml
Contents
Pdf Xml

MOTOR VEHICLES (MISCELLANEOUS) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 26 September 2007. Page 782.)

The Hon. S.G. WADE (20:45): On behalf of the opposition, I rise to support the bill. The opposition has some amendments, which we hope will enhance the effectiveness of the bill. This bill aims to close several administrative loopholes identified by a driver penalty enforcement taskforce, with representatives from SAPOL, the Courts Administration Authority, the Attorney-General's Department, the Department for Transport, Energy and Infrastructure and the Motor Accident Commission. The task force was charged with identifying loopholes in the current driver licensing law, which currently allows drivers to avoid that law. The bill reflects the recommendations that relate to the Motor Vehicles Act 1959.

By far the most significant aspects, in my view, are the matters dealing with the notices of disqualification of drivers' licences. Under the current act, when a notice of disqualification is issued it is sent to the licence holder by ordinary post. The licence holder is assumed to have received the notice. Many drivers continue to drive after being disqualified. If they are apprehended by the police or appear before court for driving without a licence, they can claim that they did not receive the notice of disqualification and, thereby, try to avoid prosecution or conviction. At the briefing provided by government officers, the officers suggested that the number of people who may make such a claim may be in the order of 2,000 a year. The cases where the police decide not to prosecute are in addition to these cases.

Registered post is not considered to be a viable alternative, as drivers are likely to decline registered items if they suspect that they may be disqualification notices. The bill proposes to force licence holders to take notice of disqualification through a three-stage process. A letter is to be sent requiring the licence holder to surrender their licence to a specified location, provide proof of identification and pay a fee, which we are advised is expected to be $24. If the licence holder does not respond to this letter, the notice of disqualification will be served on them personally—for example, by a process server—and they will be liable to a fee, which we are advised is expected to be $60. If personally serving the disqualification is unsuccessful, the licence holder's licence will still be disqualified, and the Registrar of Motor Vehicles has the power to refuse to enter into transactions with the licence holder. If the person comes into contact with the police, they will also be able to serve the notice on them immediately. The government has assured the opposition that the fees to be set by regulation will be set and maintained on a cost recovery basis.

The opposition proposes two amendments that relate to this element of the bill. First, we propose that we amend the legislation to define the specified location, in the first step, to be any of a post office, a police station or other specified location. In the briefing from officers on this bill, I was advised that the specified location would be a department of transport customer service centre. I understand that there are 20 such centres in South Australia, but many South Australians in regional areas would find it difficult to get to such a centre within seven days. I understand that the most northerly customer service centre is in Port Augusta, and many South Australians live some distance north of Port Augusta.

The opposition proposes that we increase the range of venues—for example, police stations. There are 136 police stations throughout South Australia, which would be in addition to the 20 customer service centres. The post offices would add, I understand, in the order of another 350 outlets, which we believe would provide a much greater spread of locations to which South Australian drivers could surrender their licence in the event of disqualification. Secondly, we propose to require that the initial letter to be given to the offender identify the actual amount that they will be required to pay if they fail to act on the letter. As I said, the opposition supports this element of the bill. It is important to avoid wasting police and court time in enforcing road safety, and we will be supporting it. The second area that the bill deals with is the issue of the timing and enforcement of demerit points. The bill seeks to change the accrual of the demerit points to the time at which the offence was committed to avoid drivers manipulating the system where they have licences or conditions limited by time. Thirdly, the bill addresses an anomaly which has arisen as a result of the introduction of the graduated licensing regime by bringing the provisions into line with the standard disqualification provisions which prevent disqualification periods being served concurrently.

Fourthly, the government asserts that the bill changes the act to deal with offences committed outside South Australia so that action in South Australia reflects the administrative actions taken in other jurisdictions. I propose to explore this aspect in committee. Fifthly, the bill changes the provision for foreign licence holders to ensure that a holder of a foreign drivers licence is allowed to continue driving on their foreign licence for three months after they arrive in Australia. The opposition will also be proposing two other technical amendments in our view to improve the effectiveness of the bill. In conclusion, I stress that the opposition supports this bill and, in committee, we will be proposing amendments to promote its objects.

Debate adjourned on motion of the Hon. R. Wortley.

PARLIAMENTARY BUSINESS
MEMBERS
GET INVOLVED
ABOUT PARLIAMENT
VISIT
LEGISLATIVE COUNCIL
HOUSE OF ASSEMBLY
CONTACT