Page 93 - Week 01 - Tuesday, 9 February 2016
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The bill will also create consistency in the appeal rights of drivers who face default disqualification of their drivers licence for a drink or drug-driving offence. A person who is convicted of a relevant drink or drug-driving offence is automatically disqualified from driving for a default period under the legislation unless the court orders a shorter period of disqualification. The courts have interpreted the current legislation so that only drivers who are sentenced by the court to a shorter period of disqualification are able to appeal the period of disqualification imposed. Under this interpretation, drivers who are sentenced to the default period of disqualification cannot appeal their sentence. This amendment will provide equality of treatment for all drivers by ensuring that those who are disqualified for the default period and those who are disqualified for a shorter period are both able to appeal their sentences.
The third amendment made by this bill is to allow certain infringement notice declarations to be completed online. This is a sensible amendment that makes it easier for people who do interact with the ACT government—in this case through the Road Transport Authority. At the moment an infringement notice for an alleged road transport offence is served on the registered operator of the vehicle. If the registered operator was not the driver of the vehicle when the offence was alleged to have been committed, the operator may provide a statutory declaration to the Road Transport Authority declaring that he or she was not the person who has committed the offence and provide details of the person who is alleged to have been driving the vehicle. This is known as an infringement notice declaration.
The Road Transport Authority uses the information provided in this infringement notice declaration to redirect the infringement notice to the appropriate person. Currently a person who wishes to provide an infringement notice declaration has to do so in writing. This amendment will give a person wishing to provide an infringement notice declaration the option to do so electronically via an online declaration. The amendment will reduce the burden on operators of vehicles as well as the time and cost associated with mailing or delivering the completed declaration. It will also improve the Road Transport Authority’s ability to process declarations in a timely manner.
The fourth amendment made by this bill will allow for the electronic service of infringement notices. An infringement notice can currently be served on an individual either in person or by posting the notice to the person’s registered mailing address. This amendment gives a person the option to voluntarily receive infringement notices through electronic means, such as email. This change reflects society’s increasing preference to receive mail and other official notices electronically. Whether it is bills, bank statements or infringement notices, people are increasingly choosing to receive these communications through what they consider to be a more convenient method. There are also environmental benefits by reducing the unnecessary use of paper.
It is important to highlight that receiving infringement notices electronically will be optional. Drivers will continue to receive infringement notices in the mail if they did not choose to receive these notices electronically. There are also robust safeguards to ensure that if the Road Transport Authority receives an error message advising that the electronic communication was unsuccessful, the infringement notice is sent in the
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