Page 1545 - Week 05 - Thursday, 15 May 2014
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
The final aggravating factor in the bill is that the person was driving in a way that puts at risk the safety of a vulnerable road user. This aggravating factor reflects the disadvantage that vulnerable road users face when interacting with the much larger and faster motor vehicle and the special risk that vulnerable road users are exposed to when faced with furious, reckless or dangerous driving. “Vulnerable road users” have been defined as a road user other than the driver of or passenger in an enclosed motor vehicle. Examples of a vulnerable road user provided in the bill are pedestrians, cyclists, motorcyclists, riders of animals, users of motorised scooters or users of Segways.
The approach to road safety the government has taken in developing this bill has been to consider a range of circumstances in which particular behaviour can compound the risk of dangerous driving. While other jurisdictions have aggravated versions of similar dangerous driving offences, a number of the aggravating factors proposed by this bill are being used for the first time. In particular, the aggravating factors of driving with a passenger under 17 years of age, exceeding the speed limit by 30 per cent and driving in a way that puts at risk the safety of a vulnerable road user are unique to the ACT. This reflects the government’s commitment to proactively develop strategies to address road safety issues.
The aggravating factor of driving in a way that puts at risk the safety of a vulnerable road user deserves special attention. Although the term has been adopted in road transport law in Europe and the United States, this bill will be the first time that the term has been used in the ACT. I am also advised that it is considered that it is the first use of the term in Australian road transport law. The inclusion of this aggravating factor reflects the government’s focus on ensuring vulnerable road users are appropriately protected, as is fitting given their vulnerable status when compared to occupants of motor vehicles.
The bill provides that the maximum penalty for the offence of furious, reckless or dangerous driving where an aggravating factor is present is 200 penalty units, imprisonment for two years or both. A maximum penalty for the offence without an aggravating factor remains unchanged at 100 penalty units, imprisonment for one year or both. A person convicted of the aggravated offence is also subject to an automatic licence disqualification of 12 months.
The changes made by this bill provide a more appropriate recognition of the seriousness with which the community regards such dangerous driving behaviours and the consequences that should attach to such behaviours. The bill continues the government’s ongoing efforts to increase road safety for all Canberrans.
The bill also makes an amendment to the Road Transport (General) Act 1999 that is consequential upon the passage of the Road Transport (Alcohol and Drugs) Amendment Bill which was considered by the Assembly earlier in this sitting. Among the changes made by that bill is the creation of an offence of refusing to undertake an alcohol screening test. This amendment gives a police officer the power to issue an immediate suspension notice to a driver who refuses to undertake a screening test. This note suspends the driver’s ability to drive for 90 days. Giving the police the
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video