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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-10-29 Daily Xml
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STATUTES AMENDMENT (TRANSPORT PORTFOLIO) BILL

Second Reading

Second reading.

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (17:56): 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 Statutes Amendment (Transport Portfolio) Bill 2013 makes a number of minor amendments to the Motor Vehicles Act 1959 and Road Traffic Act 1961. The changes include recognising pedalecs, a new form of electric powered bicycle; improving the administration of the driver's licensing provisions in the Motor Vehicles Act and enabling the Registrar of Motor Vehicles to refuse to register vehicles that the Registrar reasonably believes contain stolen parts.

Pedalecs

In South Australia, power assisted bicycles with a power output of up to 200 watts are treated as bicycles. They can also be driven without registration and insurance and riders are not required to hold a driver's licence. Pedalecs are a type of power assisted bicycle with a power output of up to 250 watts. Because of the higher power output, pedalecs fall into the definition of a motor vehicle, yet they do not comply with the Australian Design Rules and so cannot be registered and legally used on roads.

Pedalecs are very popular in Europe where they provide a useful alternative to passenger car travel. Unlike power assisted pedal cycles with a power output over 200 watts, pedalecs are safer in that a rider must pedal to access the power and the power cuts out once a speed of 25kmph is reached.

Since May 2012, Commonwealth changes to Australian Design Rules have meant that it is legal to import and sell pedalecs in Australia yet they cannot be legally used on our roads. Australian jurisdictions have agreed to amend their legislation to enable the use of pedalecs as bicycles. To date, Queensland, New South Wales, Victoria and the Australian Capital Territory have made the changes.

This Bill will enable South Australia to catch up with these states and territories by amending the definition of a bicycle in section 5 of the Road Traffic Act so that it includes a 'power assisted pedal cycle' within the meaning determined under the Motor Vehicle Standards Act 1989 of the Commonwealth, which includes pedalecs. This amendment will be complemented by regulation changes to exempt pedalecs from the requirement for registration and compulsory third party insurance and to exempt the rider from the requirement to hold a driver's licence.

This amendment will enhance opportunities for our community to enjoy the health benefits and positive environmental effects of increased cycling on our roads.

Driver Licensing and Miscellaneous Changes

The Bill makes a number of miscellaneous amendments to the Motor Vehicles Act to improve its functioning, to better reflect the policy intention behind certain provisions and to correct anomalies. For example:

The Motor Vehicles Act contains a system whereby people applying for a driver's licence after a period of disqualification as a result of a serious drink driving offence are issued with a probationary licence that is subject to mandatory alcohol interlock scheme conditions for the same period as the licence disqualification or 3 years, whichever is the lesser. Where a person is exempted from the mandatory alcohol interlock scheme conditions, for example on medical grounds, the probationary licence is issued for the same period, but he or she does not face the extra constraints to driving that the scheme imposes. The Bill amends this section to require a person who was disqualified from driving and was exempted from the scheme, to observe probationary licence conditions for double the time they would have been ordered to observe scheme conditions or 12 months, whichever is the greater. The longer period on a probationary licence reflects the fact that such drivers are not subject to mandatory alcohol interlock scheme conditions and is a fairer outcome.

Whilst holding a probationary licence, drivers must not incur 2 or more demerit points. Currently this is a condition of the licence and the offence of breach of licence condition must be separately actioned by police in addition to the offence that incurs demerit points. This is often overlooked and results in some probationary licence holders avoiding the disqualification. The Registrar is informed of offences which incur demerit points and the amendment allows the Registrar to disqualify probationary licence holders upon being notified of the demerit points being incurred. This ensures an equitable outcome for all probationary licence holders and preserves the policy approved by Parliament that all probationary licence holders who incur two or more demerit points will be disqualified.

The Safer Driver Agreement (SDA) is an option for provisional licence holders instead of disqualification and allows the provisional licence holder to continue driving, provided the driving offence they have committed is not a serious disqualification offence. The Bill makes slight amendments to section 81BA of the Motor Vehicles Act to ensure that an SDA is only open to a person holding a provisional licence at the time of the offence that led to the disqualification. Currently, the Act allows a person who held a learner's permit at the time of the offence but who has progressed to a provisional licence by the time the disqualification is issued to take advantage of the SDA. This was not the intended policy position. Further changes to that section clarify when an SDA commences, depending on whether the notice is acknowledged at a customer service centre or served personally.

Additional changes to section 81BB(2) of the Motor Vehicles Act make clear that provisional licence holders given the option to enter into an SDA and who have allowed that option to lapse are not able to then appeal their disqualification to the Magistrates' Court. They also ensure that a person who has been disqualified for breaching a condition of an SDA within the last five years, is precluded from appealing to the Magistrates Court. Both amendments reflect Parliament's original intention that SDAs were intended to replace the option for provisional licence holders to appeal licence disqualifications to the Magistrates Court.

The Bill streamlines the timing requirements for requests for reasons for decisions of the Registrar or Review Committee made by a person affected by the decision. At present, when the Registrar has acted under section 82 of the Act to refuse to issue, renew or cancel a driver's licence or learner's permit in order to prevent accident, injury or repetition of offences, the driver may re-apply for their licence or permit immediately. The Registrar is required to consider each application and the person may appeal each decision. The Bill introduces a system for such cases to ensure that the Registrar does not have to consider frivolous or vexatious applications or applications where the person has failed to provide new evidence satisfying the Registrar that they should no longer be prevented from holding a licence or permit.

The Bill introduces an explicit approval mechanism for the installation of photographic detection devices into the Road Traffic Act. These devices are not classified as traffic control devices, whose installation must be approved by the Minister, but they are an essential tool in the detection and enforcement of speeding and other offences. It is considered that their installation should be approved in a similar way to traffic control devices.

Vehicles with Stolen Parts

The Bill amends sections 24, 58, 139 and 139AA of the Motor Vehicles Act to give the Registrar of Motor Vehicles the enhanced power to conduct investigations and refuse to register vehicles where the Registrar reasonably believes that part of a vehicle is or may be stolen. At present the Registrar's discretion only extends to cases where there is a suspicion that a vehicle itself is stolen.

These changes will assist crime fighting in our community by providing a significant disincentive for people to engage in the unlawful use of stolen or rebirthed motor vehicle parts.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Motor Vehicles Act 1959

4—Amendment of section 24—Duty to grant registration

This clause amends section 24 to include a reference to part of a vehicle in subsections (2)(b)(iii) and (3)(c).

5—Amendment of section 58—Transfer of registration

Section 58 is amended to include a reference to part of a vehicle in subsections (3)(b)(iii) and (4)(c).

6—Amendment of section 81AB—Probationary licences

This clause—

deletes the probationary licence condition that requires that the holder of the licence must not incur 2 or more demerit points (consequentially to the amendment to section 81B(1) discussed below); and

makes alcohol interlock conditions effective for a minimum period of 12 months.

7—Amendment of section 81B—Consequences of holder of learner's permit, provisional licence or probationary licence contravening conditions

This clause amends section 81B to require a notice of licence disqualification to be issued where the holder of a probationary licence has incurred 2 or more demerit points.

8—Amendment of section 81BA—Safer Driver Agreements

Section 81BA is amended—

to ensure that a safer driver agreement can be entered into by any person who receives a notice of disqualification as a result of offences committed as the holder of a provisional licence (whether or not the person still holds that provisional licence);

to give the Registrar a discretion to grant a person an extra week to elect to enter a safer driver agreement;

to specify when the safer driver agreement is taken to commence.

9—Amendment of section 81BB—Appeals to Magistrate Court

This clause amends section 81BB to prevent a person appealing where the person was entitled to enter a safer driver agreement but failed to do so within the statutory time limit or where the person has, within the preceding 5 years, been disqualified as the holder of a provisional licence that was subject to a safer driver agreement. The clause also makes an amendment consequential to clause 7.

10—Amendment of section 82—Vehicle offences and unsuitability to be granted or hold licence or permit

This clause amends section 82 to allow the Registrar to refuse to consider an application by a person for the issue or renewal of a licence or permit where the Registrar has previously refused to issue a licence or permit to the person, or to renew the person's licence or permit, or has cancelled the person's licence or permit in accordance with the section and it appears to the Registrar that the applications by the person are frivolous or vexatious or that the person has failed to provide satisfactory evidence that circumstances have changed.

11—Amendment of section 98ZA—Appeal to District Court

This clause amends section 98ZA to specify that, if a person requests reasons for a decision, the Registrar or review committee has 1 month from the making of that request to provide those reasons.

12—Amendment of section 139—Inspection of motor vehicles

This clause amends section 139 to include a reference to part of a vehicle in subsection (1)(ab) and (ac)(ii).

13—Amendment of section 139AA—Where vehicle suspected of being stolen

This clause amends section 139AA to include a reference to part of a vehicle.

14—Transitional provisions

This clause sets out transitional measures (relevant to clauses 6, 7, 8 and 9).

Part 3—Amendment of Road Traffic Act 1961

15—Amendment of section 5—Interpretation

This clause amends the definition of bicycle to include power assisted pedal cycles (within the meaning of vehicle standards determined under the Motor Vehicle Standards Act 1989 of the Commonwealth).

16—Insertion of section 79BA

This clause makes specific provision relating to installation, maintenance, alteration or removal of photographic detection devices on, above or near a road.

Debate adjourned on motion of Hon. D.W. Ridgway.

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