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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-08-29 Daily Xml
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Statutes Amendment (Transport Portfolio) Bill

Second Reading

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (16:56): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

I rise to introduce the Statutes Amendment (Transport Portfolio) Bill 2024. The Bill contains two significant transport reforms and several minor technical amendments, namely:

Transport reform one–amendment to the Highways Act 1926 (Highways Act) to permit the Commissioner of Highways (Commissioner) to consent to a Roadside Service Centre accessing a controlled-access road and enter into a written agreement with the relevant party that includes payments and arrangements in relation to the access; and

Transport reform two–amendment to the Road Traffic Act 1961 to provide for a reduced speed limit of 25 kilometres per hour (km/h) limit when passing a breakdown services vehicle that is stopped on the road and is displaying amber flashing lights.

Roadside Service Centre Access Fees

Roadside Service Centres are situated alongside freeways or a motorways and provide useful services to motorists that can improve road safety outcomes by providing fuel, food, sanitary amenities, and, importantly, rest opportunities.

A Roadside Service Centre is different to an ordinary petrol station, in that it provides additional facilities including designated heavy vehicle parking areas, trailer marshalling or break-up facilities, public amenities such as showers, change rooms or play areas, and restaurant or fast food options.

A controlled access road is a road that is under the care, control, and management of the Commissioner (but does not necessarily have to be vested in the Commissioner) and operates to limit general access to the road corridor. Under the Highways Act, a person must not, without the consent of the Commissioner, construct, form or pave a means of access to a controlled-access road.

The Highways Act currently allows the Commissioner to issue a permit for access to a controlled-access road. However, there is no power under the Highways Act for the Commissioner to enter into a commercial agreement with a Roadside Service Centre Operator where the Roadside Service Centre Operator pays money in exchange for access to the controlled access road network. These amendments are contained in this Bill.

There is significant commercial value in granting access to a controlled access road because it enables a roadside service centre operator to become the sole and exclusive operator on that portion of road – although not necessarily along the complete section of that road.

This proposal will allow the Government to maximise the economic and community benefits from the Government's investment in roads and infrastructure. The revenue generated will assist in offsetting the State's costs of maintaining and operating its freeways and motorways.

Roadside Service Centres will deliver vital road safety benefits through the provision of attractive rest and refreshment opportunities for road users, which can contribute to road safety targets by reducing the number of crashes attributable to fatigue.

The Bill defines a Roadside Service Centre as a building, place or premises where fuel is offered or supplied for retail sale or charging facilities for vehicles powered by electricity are available.

This is a broad definition that will capture petrol stations, and other facilities that offer electric vehicle charging services. However, buildings, places or premise can be excluded from the definition with the Regulations. This will enable for any buildings, places or premises not intended on being included to be excluded.

Following the Bill's successful passage through Parliament, it is intended that regulations be drafted that will include additional criteria defining a Roadside Service Centre under the Highways Act. For example, it may state that the premises must contain a truck marshalling area, a minimum of five truck rest bays, a trailer marshalling/break up facility in addition to selling fuel. It is intended that the small and medium sized centres that are more accurately described as petrol stations will be excluded from the legislative definition of a Roadside Service Centre under the Regulations.

Additional powers are inserted to allow the Commissioner to require a roadside service centre operator to carry out specified works or actions in connection with the means of access and impose monetary penalties on the person for the failure to do so. In the event of such a failure, the Commissioner can carry out the actions or work specified themself, and recover the costs of doing so, as a debt, from the Roadside Service Centre operator.

There are a number of existing petrol station sites on controlled-access roads that will be captured by the new definition of a Roadside Service Centre. However, the new provision will not apply to existing sites, and they will remain under the existing permit regime.

The existing power for the Commissioner to issue an access permit to a non-Roadside Service Centre applicant will remain in the Highways Act and continue to facilitate the process by which non-Roadside Service Centre Operator applicants apply for access to a controlled-access road. No written agreement with the Commissioner containing payments and other arrangements will apply in these circumstances.

Reduced speed past Breakdown Services Vehicles

The Bill contains an amendment to the Road Traffic Act to provide a new offence that requires motorists to drive at a reduced speed limit of 25 km/h when passing breakdown services vehicles that have stopped on a road and are displaying a flashing amber light.

Breakdown services vehicles within the Bill will include vehicles used for the purposes of providing breakdown services and includes tow trucks, RAA vehicles, and any other vehicle, or vehicles, of a class prescribed by the regulations.

The Bill provides an offence, with a maximum monetary penalty of $2,500. It is intended that the offence will also have an expiation fee which will be inserted within a regulations package which will be prepared after the successful passage of the Bill to support the operation of the Bill's amendments.

This amendment will expand the current protection offered to emergency workers via the reduced speed limit of 25km/h within the emergency service speed zones in section 83 of the Road Traffic Act. South Australian Police officers with vehicles that are stopped on the road and displaying flashing blue or red lights are included within this category of currently protected emergency workers.

The Bill also contains various minor technical amendments to the Road Traffic Act 1961, the Motor Vehicles Act 1959 and the Heavy Vehicle National Law (South Australia) Act 2013 to improve the operation of transport legislation and ensure intended policy outcomes are achieved, in particular with respect to the operation of police issued notices of immediate loss of licence.

Standards for Camera Testing

The Bill amends the Road Traffic Act to align the testing requirements for mobile speed cameras to radar speed cameras. This will ensure both processes are consistent with advancements in modern technology. This will provide efficiencies as it removes the need for testing of cameras by physically driving through the mobile speed camera site and will allow for a more scientific testing regime. It will eliminate human error and is consistent with the approach taken in other jurisdictions. The Bill also contains an amendment to the requirement for the current 27-day testing period for fixed housing cameras to instead be undertaken annually.

Offensive Advertising

Additionally, the Transport Portfolio Act 2021 introduced a power for the Registrar of Motor Vehicles to refuse to transact with the owner or to cancel the registration of a vehicle displaying offensive advertising. The Motor Vehicles Act has been amended to update the definition of the relevant body which determines whether certain advertising is considered offensive. This was necessary because the body referred to in the Transport Portfolio Act 2021 was de-registered shortly after the Transport Portfolio Act 2021 passage through Parliament.

Fitness to Drive

The MVA allows the Registrar to direct an applicant for a driver's licence to undergo an assessment of their fitness to drive. Minor amendments were made to the relevant provision of the MVA to clarify minor anomalies that have been identified by the Crown Solicitor's Office.

Heavy Vehicle National Law

The Heavy Vehicle National Law (South Australia) Act 2013 (the HVNL SA Act) contains provisions which apply and assist the operation of the Heavy Vehicle National Law (HVNL) in South Australia. The Bill amends the HVNL SA Act due to subsequent changes made to the HVNL over the past few years. These amendments include deleting redundant provisions, clarifying definitions and consequential amendments regarding heavy vehicle registration arrangements.

Immediate Loss of Licence

The Bill makes several technical amendments to the provisions which allow SA Police to issue a notice of an Immediate Loss of Licence (ILOL) at the roadside for the offences of drug driving and reckless and dangerous driving including:

Providing excessive speed offending drivers, who receive an immediate loss of licence notice, a right of appeal to the court to lift their licence disqualification or suspension. This is to ensure consistency with a vehicle owner's right of appeal to do so that currently exists in the RTA.

Inserting a specific power for SA Police to withdraw an ILOL when a determination is made that a driver should not be charged with the excessive speed offence. This is to ensure consistency with equivalent traffic offences under the Criminal Law Consolidation Act 1935.

Allowing allow SA Police to take into account time already served on the reissue of an ILOL. On occasion ILOLs must be withdrawn by SA Police and reissued to the same person to correct minor errors (such as incorrect date of birth recorded).

However, there is no ability for SA Police to take into account time already served on that person's previously issued ILOL.

Ensures that a police officer is able to issue an ILOL to a vehicle owner who they reasonably believe has committed a camera detected excessive speed offence against the RTA, in circumstances where the vehicle owner has not been given an expiation notice for that offence (but will likely be prosecuted in court for the offence instead).

Additional technical amendments to clarify matters associated with the issuing of an ILOL for an excessive speed offence.

I seek the support of Members to progress the Bill through the House as expeditiously as possible in order to realise the benefits of the transport reforms and technical amendments. I also seek leave to have the Explanation of Clauses inserted into Hansard without my reading it.

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 Heavy Vehicle National Law (South Australia) Act 2013

4—Amendment of section 8—Definition of generic terms and terms having meaning provided by this Act

This clause inserts two definitions into section 8 of the principal Act.

5—Repeal of section 11

Section 11 of the principal Act is repealed.

6—Amendment of section 16—Modification of Law for certain purposes

Section 16(a) of the principal Act is deleted. Paragraph (ea) is inserted into section 16 of the principal Act, which modifies section 711 of the Heavy Vehicle National Law for the purposes of the South Australian jurisdiction.

7—Amendment of section 24—Proof of lawful authority or lawful or reasonable excuse

Section 24 of the principal Act sets out on whom the onus of proof lies in regards to certain matters, as well as an evidentiary presumption. This clause amends section 24 of the principal Act to provide that the section applies unless the Heavy Vehicle National Law (South Australia) provides otherwise.

8—Repeal of Part 4 Division 1

Part 4 Division 1 is repealed.

Part 3—Amendment of Highways Act 1926

9—Amendment of section 7—Interpretation

The definition of roadside service centre, and other definitions required for the purposes of that definition, is inserted into section 7 of the principal Act for the purposes of amendments made to the principal Act by the measure.

10—Amendment of section 30DA—Access to property

Section 30DA(4) of the principal Act is amended because permission for the construction and use of a means of access to a controlled-access road from land abutting the road if a roadside service centre is, or is to be, located on that land will be governed by proposed section 30DB inserted by clause 11 of the measure. The other amendment in this clause is technical.

11—Insertion of sections 30DB and 30DC

New sections 30DB and 30DC are proposed:

30DB—Roadside service centre means of access

The Commissioner of Highways may give consent to the construction and use of a means of access to a controlled-access road from land on which a roadside service centre is, or is to be, located on the basis that an agreement between the Commissioner and the person benefitting from the means of access is entered into.

30DC—Required works for roadside service centre means of access

The Commissioner of Highways may require by notice that certain works or actions occur within a certain period in respect of a means of access to a controlled-access road from land on which a roadside service centre is, or is to be, located. A failure by a person to comply with such a notice may result in certain penalties or outcomes.

Part 4—Amendment of Motor Vehicles Act 1959

12—Amendment of section 28—Payments into National Heavy Vehicle Regulator Fund

The definition of road use component is substituted by this clause, and a definition of regulatory component is inserted for the purposes of section 28 of the principal Act.

13—Amendment of section 71C—Powers of Registrar in relation to offensive material displayed on motor vehicles

The definition of advertising code breach determination in section 71C(6) of the principal Act is amended such that the determination is of Ad Standards, rather than the Board that is appointed by Ad Standards. The definition of Ad Standards is substituted. The other amendment is consequential.

14—Amendment of section 80—Ability or fitness to be granted or hold licence or permit

Subsection (1b) is proposed to be inserted into section 80 of the principal Act and requires that an assessment required by the Registrar under that section be undertaken by a person or at a location determined by the Registrar. The other amendments are technical.

Part 5—Amendment of Road Traffic Act 1961

15—Amendment of section 45B—Power of police to impose licence disqualification or suspension

Section 45B of the principal Act is amended such that a person may be given a notice of licence disqualification or suspension if the person has been given an expiation notice for, or a police officer reasonably believes the person has committed, an offence to which the section applies. The other amendments made by this clause are either technical or are made such that section 45B is consistent with section 45D of the principal Act.

16—Amendment of section 47IAA—Power of police to impose immediate licence disqualification or suspension

Section 47IAA of the principal Act is amended to be consistent with section 45D of the principal Act.

17—Amendment of section 47IAB—Application to Court to have disqualification or suspension lifted

The amendments made by this clause are technical.

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

The amendment made by this clause is technical.

19—Insertion of section 82A

New section 82A is proposed:

82A—Speed limit while passing breakdown services vehicle

Speed limits are imposed on persons driving a vehicle past a breakdown services vehicle in certain circumstances.

20—Amendment of section 175—Evidence

Section 175(3)(ba) of the principal Act is replaced by paragraphs (ba) and (baaa). Proposed paragraph (ba) sets out an evidentiary provision relating to the accuracy of a photographic detection device that is mounted in a fixed housing and stipulates that such a device will be taken to be accurate for a period of 1 year following a test (as opposed to a period of 27 days as provided by current section 175(3)(ba) of the principal Act). Proposed paragraph (baaa) sets out an evidentiary provision relating to the accuracy of a photographic detection device that is not mounted in a fixed housing and, unlike the current section 175(3)(ba), requires that testing of such a device occurs in accordance with certain standards. The period of deemed accuracy of such a device remains the same as the current provision.

Schedule 1—Transition provision

1—Transitional provision—continuation of permits under Highways Act 1926

This clause sets out a transitional provision for the purpose of the measure relating to permits granted under section 30DA of the Highways Act 1926 in operation before the amendments made by the measure.

Debate adjourned on motion of Hon. L.A. Henderson.

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