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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2019-12-04 Daily Xml
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Statutes Amendment (Suspension of South Eastern Freeway Offences) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 17 October 2019.)

The Hon. C.M. SCRIVEN (16:56): The Statutes Amendment (Suspension of South Eastern Freeway Offences) Bill 2019 has been introduced in response to some of the consequences that have come from changes to the law. In 2017, parliament introduced two new offences and associated penalties applying to trucks and buses on the South Eastern Freeway descent into Adelaide. These were in response to recommendations from a coronial inquest following repeated crashes that involved out-of-control heavy vehicles. I am sure that most of us are aware that these accidents resulted in the loss of lives and also serious injuries.

I will only speak briefly to this bill today, as I understand that there are a number of amendments to be moved by the government, which at this stage we expect to be supporting. Very briefly, we need to ensure that any changes to the laws that have been implemented have not had unintended consequences. Positive road safety outcomes must of course come first, but some of the examples that have been brought up—the automatic six-month immediate loss of licence for a first offence and, similarly, the body corporate levy, which is currently a minimum of $25,000 and not more than $50,000—have a disproportionate effect on small businesses, for example, and could potentially force a small business to go into liquidation.

By removing the six-month licence disqualification for a first offence, we are hopeful that this will strike the right balance between acknowledging this very dangerous stretch of road and the need to put safety at the forefront of drivers' thinking, sending a strong signal about that, and not wanting to have the penalties be so harsh that they create unintended consequences and potentially force small businesses, for example, into liquidation. I will therefore commend support of this bill to the house.

The Hon. F. PANGALLO (16:58): I would like to thank the Hon. Clare Scriven for her contribution to this piece of legislation. I would like to point out that I have had very positive and cordial discussions with the transport minister, the Hon. Stephan Knoll, in relation to what I have put forward to the Legislative Council. As pointed out, as the law stood, it had unintended consequences. Even though the legislation was enacted in 2014, it came into effect in May this year.

There have been hundreds of fines and licence suspensions given to unsuspecting people, unaware that they had broken the law driving down a section of the South Eastern Freeway. Some were in vehicles such as small 12 or 14-seater minibuses that could be driven with a C-class licence. What they did not realise was that, by going under the 80 km/h speed limit that applied on the freeway, it was illegal on that stretch as there was a 40 km/h limit, even if the GVM of their vehicle was between 4.5 tonnes and 8 tonnes.

While the legislation had very good intentions as a result of some serious fatalities that occurred on the South Eastern Freeway, unfortunately good intent sometimes creates an unintended consequence and fallout. This legislation provided for not only a large fine but an automatic licence suspension of six months and 12 months if you challenged it. This was quite harsh. People lost their licences in some cases. In fact, since I first raised this matter, I have had cases of people calling me who have had multiple fines on that area of road. They fear that they will actually lose their licence for years. As a result of that, they would also lose their employment.

I also had a man in his 70s who volunteered to drive a minibus for an aged-care facility in the Hills. He was retired and had never had a traffic blemish in his life. Unfortunately, the minibus fell foul of the legislation and he has lost his licence for six months. We had another family, a similar situation again, driving a small minibus and a driver with a good driving record. They have now lost their licence for six months. Compounding that, the driver was the only one licensed in his family, and they have a disabled child and it is going to be very difficult for them to access transport as a result of that.

I have had hundreds of other complaints from others who have been caught out unwittingly. There have also been instances, and I have had photographs sent to me, of those big F350 utes being caught. The cameras that are used to detect these offences have either recognised them as a small truck or, because of confusion in the actual registration process of that vehicle, constituted that they were trucks and, as a consequence, they copped the fine.

I also had a photograph sent to me last week of an unusual flat-top ute, an American-style Chevy that was an older model. Again, for all intents and purposes, it was a utility. You would call it a ute. It had been incorrectly registered as a small truck. That driver was given a hefty fine and also faces a licence suspension. There have been many of those instances. Many of these people were unaware of what the law was on that particular stretch of road. They were not hoons, they were not people who had a habit of speeding—

The ACTING PRESIDENT (Hon. D.G.E. Hood): The Hon. Mr Pangallo, I am loath to interrupt again, but the summing up is an opportunity—

The Hon. F. PANGALLO: I am nearly finished.

The ACTING PRESIDENT (Hon. D.G.E. Hood): —to address comments made by members in the second reading, not to make another one.

The Hon. T.J. Stephens: You don't get a second second reading.

The Hon. F. PANGALLO: Okay.

The Hon. T.J. Stephens: And you've got the numbers.

The Hon. F. PANGALLO: Okay, I do. Anyway, I was just going to sum up anyway. I am sorry, Mr Acting President; I do not want to go on like I did last night.

As I said, after very informative and cordial discussions with the minister, the Hon. Mr Knoll, I am pleased to say that we have actually met common ground on this. He has made a series of amendments that I will accept, and I also withdraw one of my own amendments. I think this will achieve the desired outcome of no automatic loss of licence if expiated on first offence. With that, I can say that I am glad that common sense has prevailed.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. D.W. RIDGWAY: First, sir, given that it is a private member's bill, can I say thank you for allowing a government adviser to be here to assist us with these amendments. My understanding is that the government, the opposition and the Hon. Frank Pangallo are all in furious agreement on support for the amendments that have been tabled in my name, so I suggest that rather than prolonging things and going through a detailed explanation of each particular amendment—because we are likely to again face a lengthy evening—I move the first amendment standing in my name and, if there are no comments, we will just work our way through the amendments as quickly as possible. I move:

Amendment No 1 [Ridgway–1]—

Page 2, line 4—Delete 'Suspension of'

Amendment carried; clause as amended passed.

Clause 2.

The Hon. D.W. RIDGWAY: I move:

Amendment No 2 [Ridgway–1]—

Page 2, lines 6 to 10—Delete clause 2 and substitute:

2—Commencement

This Act comes into operation on a day to be fixed by proclamation.

Amendment carried; clause as amended passed.

Clauses 3 and 4 passed.

Clause 5.

The Hon. D.W. RIDGWAY: I move:

Amendment No 3 [Ridgway–1]—

Page 3, lines 22 to 30—Delete Part 3 Division 1

Amendment carried; clause as amended passed.

Clause 6.

The Hon. D.W. RIDGWAY: I move:

Amendment No 4 [Ridgway–1]—

Page 4, line 1 [Heading to Part 3 Division 2]—Delete the heading to Part 3 Division 2

Amendment carried.

The Hon. D.W. RIDGWAY: I move:

Amendment No 5 [Ridgway–1]—

Page 4, lines 2 to 37—Delete clause 6 and substitute:

6—Amendment of section 45C—Speed and gear restrictions for trucks and buses on prescribed roads

(1) Section 45C(3)(a)(i) and (ii)—delete subparagraphs (i) and (ii) and substitute:

(i) for a first offence—such period, being not less than 6 months, as the court thinks fit;

(ii) for a second offence—such period, being not less than 12 months, as the court thinks fit;

(iii) for a subsequent offence—such period, being not less than 3 years, as the court thinks fit;

(2) Section 45C(4)—after 'first' insert ', second'

The ACTING CHAIR (Hon. D.G.E. Hood): While we are waiting for the minister's adviser, the Hon. Mr Pangallo can I just be clear; our understanding is that you are not going to proceed with your amendment. Is that correct?

The Hon. F. PANGALLO: Yes, Mr Acting Chair; I will not be proceeding with my amendment No. 1 [Pangallo–1].

Amendment carried; clause as amended passed.

Clause 7 passed.

Clause 8.

The Hon. D.W. RIDGWAY: I move:

Amendment No 6 [Ridgway–1]—

Page 5, line 21 to page 6, line 12—Delete clause 8 and substitute:

8—Amendment of section 79B—Provisions applying where certain offences are detected by photographic detection devices

(1) Section 79B(2), penalty, (aa)(i)—delete 'not less than $25,000 and not more than $50,000' and substitute:

not less than $10,000 and not more than $20,000

(2) Section 79B(2a)(aa)—delete '$25,000' and substitute:

$5,000

(3) Section 79B(2c)(a)(i) and (ii)—delete subparagraphs (i) and (ii) and substitute:

(i) in the case of a first offence—for such period, being not less than 6 months, as the court thinks fit; or

(ii) in the case of a second offence—for such period, being not less than 12 months, as the court thinks fit; or

(iii) in the case of a subsequent offence—for such period, being not less than 3 years, as the court thinks fit;

(4) Section 79B(2c)(d)—after 'first' insert ', second'

Amendment carried; clause as amended passed.

Clause 9.

The Hon. D.W. RIDGWAY: I move:

Amendment No 7 [Ridgway–1]—

Page 6, lines 13 to 16—Delete Part 4

Amendment carried; clause as amended passed.

Title passed.

Bill reported with amendment.

Third Reading

The Hon. F. PANGALLO (17:16): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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