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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-12-01 Daily Xml
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MOTOR VEHICLES (MISCELLANEOUS NO. 2) AMENDMENT BILL

Final Stages

The House of Assembly agreed to amendment No. 1 made by the Legislative Council without any amendment; disagreed to amendment No. 2; and made alternative/consequential amendments as indicated in the following schedule in lieu thereof:

Clause 9, page 8, lines 38 to 40 and page 9, lines 1 to 13 [clause 9, inserted section 75A(16)]—Delete subsection (16) and substitute:

(16) The holder of a learner's permit must not drive a motor vehicle on the road in any part of the State at a speed exceeding 100 kilometres an hour.

Maximum penalty: $1,250.

And makes the following consequential amendment:

Schedule 1, page 27, after line 18 [schedule 1, clause 4]—After paragraph (b) insert:

(c) On the commencement of section 9 of this Act, section 75A(5aa) of the principal Act (as in force immediately before that commencement) ceases to apply to the holder of the permit;

(d) Section 75A(16) of the principal Act (as in force after that commencement) applies to the holder of such a permit as if the permit had been issued after that commencement.

Consideration in committee.

The Hon. G.E. GAGO: I move:

That the Legislative Council do not insist on amendment No. 2 and agrees to accept the alternative/ consequential amendments made in lieu thereof.

The government supports the alternative amendment, which arises from an amendment put forward by the Hon. David Ridgway in relation to his amendment No. 2, which deals with an increase in the maximum learner driver speed to 100 km/h for those learner drivers outside metropolitan Adelaide. There was some concern about the definition of what constituted a metropolitan and non-metropolitan area, so to resolve those differences we have come to an agreement about an alternative amendment, which is similar to the original amendment but simpler. It removes the reference to metropolitan Adelaide. This enables a learner driver to drive up to 100 km/h subject to applicable speed limits. There is also a consequential amendment that will ensure the maximum speed will apply from the date the amendment comes into consideration. I therefore support the alternative amendment.

The Hon. D.W. RIDGWAY: The opposition is delighted that commonsense has prevailed, having moved this amendment. Removing the confusion about the metropolitan area makes a lot of sense and it will be welcomed by learner drivers across the state who will be able to learn with all the road conditions and at all the speed limits. In the past 7½ years I have been in this place this is probably one of the few times common sense has prevailed with the government.

Motion carried.

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