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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2008-06-19 Daily Xml
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LEVEL CROSSINGS

The Hon. S.G. WADE (14:26): I seek leave to make a brief explanation before asking the Minister for Road Safety a question relating to railway crossing safety.

Leave granted.

The Hon. S.G. WADE: On 13 May 2007, the Australasian Railway Association wrote to the minister urgently calling for an increase in penalties for breaching road rules at railway crossings, stating that the penalties are ridiculously low and do not reflect the potential for a catastrophic accident that illegal behaviour can cause at level crossings. Earlier this month the association reissued its demand that all jurisdictions follow the lead of Victoria, which the association regards as the benchmark jurisdiction in relation to railway crossing safety. The Victorian fee for a rail crossing offence is $430.

A recent Australian Transport Safety Bureau report found that in almost every case the primary factor in a rail crossing accident is the failure of the motorist to abide by the traffic controls at the crossing. In South Australia the penalty for failing to stop at a level crossing is $297. In legislation before the council the penalty for failing to notify of a change of address would rise from $250 to $1,250. My questions to the minister are: on what basis does the government consider that failing to notify a change of address is a greater offence than risking lives by breaking the road rules at a railway crossing, and will the minister have the fees reviewed in light of the rail industry's call?

The Hon. CARMEL ZOLLO (Minister for Emergency Services, Minister for Correctional Services, Minister for Road Safety, Minister Assisting the Minister for Multicultural Affairs) (14:27): I thank the honourable member for his question. I did receive correspondence last year, as he has mentioned, and I did respond back to—I am trying to remember his name—

The Hon. S.G. Wade: Mr Nye.

The Hon. CARMEL ZOLLO: Mr Bryan Nye; that is right—to advise him that expiation fees for level crossing offences, which previously had been between $183 and $223, were increased in line with expiation fees for road intersection offences to $297, and that occurred on 17 December last year. The maximum court-imposed penalty for offences under the Australian road rules, which do include level crossing offences, was increased from $1,250 to $2,500 in April 2007—we are talking about a court imposition now.

I should also place on the record that we have a penalty for offences such as reckless and dangerous driving, and reckless and dangerous driving can occur in many different situations. So, there may be occasions where a level crossing offence is committed without reckless or dangerous driving being involved; however, if the police believe the circumstances of the breach constitute reckless and dangerous driving they are able to charge the driver of the vehicle with this offence.

So, yes, the expiation fee was increased last year, and that was obviously achieved by regulation. We believe there are, at this time, sufficient sanctions, because we have court-imposed penalties and the Australian road rules, which do include level crossing offences. And, yes, police can obviously avail themselves of reckless and dangerous driving provisions and all the permutations that arise from that.

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