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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2011-09-14 Daily Xml
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ROAD TRAFFIC (RED LIGHT OFFENCES) AMENDMENT BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Regional Development, Minister for Public Sector Management, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister for Gambling) (21:54): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Road Traffic (Red Light Offences) Amendment Bill 2011 is a simple Bill that contains a small amendment to section 79B of the Road Traffic Act 1961 related to level crossing offences.

Crashes at level crossings can have catastrophic impact on car drivers and passengers who often lose their lives or are seriously injured and can cause trauma to train drivers, passengers and the local community.

Currently, the Road Traffic Act 1961 provides that where a vehicle is detected by a photographic detection device committing both a red light offence and a speeding offence arising from the same incident at a place where there are traffic lights or traffic arrows, such as an intersection, the penalty for both offences applies. Similarly, the Motor Vehicles Act 1959 provides that the demerit points for both offences apply.

Driving through a level crossing while the warning lights are flashing has serious road safety implications. Also, drivers often speed up when they see the level crossing warning lights flash and drive through the crossing above the applicable speed limit. However, the double penalty for the two offences arising from the same incident when committed at an intersection with traffic lights does not apply to a level crossing with twin red lights.

The Bill rectifies this anomaly by amending the definition of 'red light offence' in the Road Traffic Act to include 'twin red lights'—these are the horizontal or diagonal alternately flashing red warning lights seen at level crossings.

This will have the effect of applying the existing double penalty for speeding through a red traffic light or arrow at an intersection to speeding through a level crossing where the twin red lights are flashing. The changed definition will flow on to the Motor Vehicles Act 1959 and ensure that demerit points for both offences apply.

I commend the Bill to the House.

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 79B—Provisions applying where certain offences are detected by photographic detection devices

This clause makes a number of changes to section 79B of the Act. Section 79B provides that where a vehicle appears from evidence obtained through the operation of a photographic detection device to have been involved in the commission of a prescribed offence, the owner of the vehicle is guilty of an offence against section 79B (unless certain exceptions are proved). The penalty for the offence is higher if the vehicle appears to have been involved in a red light offence and a speeding offence arising out of the same incident.

This clause amends the definition of what constitutes a prescribed offence for the purposes of section 79B to make it clear that the offences prescribed in the regulations for this purpose can be parts of offences or offences committed in described circumstances.

The clause also amends the definition of a red light offence for the purposes of section 79B. Currently a red light offence means a prescribed offence relating to traffic lights or traffic arrows defined by the regulations as a red light offence. The amendment allows the red light offences defined by the regulations to include prescribed offences relating to twin red lights (those used at level crossings) as well as prescribed offences relating to traffic lights or traffic arrows.

These amendments to the definitions of prescribed offence and red light offence will allow offences at level crossings where twin red lights are operating to be prescribed as red light offences for the purposes of the application of higher penalties where a speeding offence arises out of the same incident.

The clause also clarifies the meaning of traffic arrows, traffic lights and twin red lights by referring to the meaning of those terms in the Australian Road Rules.

Debate adjourned on motion of Hon. S.G. Wade.

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