Page 604 - Week 02 - Thursday, 18 February 2016
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The bill creates a new offence of failing to stop a motor vehicle for police. This new offence substantially mirrors the previous offence but with a much higher penalty. The maximum penalty for the offence for a first offender is 100 penalty units, 12 months imprisonment, or both. For a repeat offender, the penalty is increased to 300 penalty units, three years imprisonment, or both.
The bill also amends the maximum penalty for the existing aggravated offence of furious, reckless or dangerous driving in section 7 of the Road Transport (Safety and Traffic Management) Act 1999. The maximum penalty is increased from two years imprisonment and/or 200 penalty units to a maximum penalty of three years imprisonment and/or 300 penalty units where the aggravating factor was that the person failed to comply with a request or signal from police to stop the vehicle. For a repeat offender, the new penalty is five years imprisonment and/or 500 penalty units. There is no change to the existing penalty where other aggravating factors are present.
The existing licence suspension and disqualification provisions in the road transport legislation are applied to the new fail to stop offence. A police officer who believes on reasonable grounds that a person has committed the offence must give the person an immediate suspension notice. This notice suspends the person’s right to drive for 90 days, until stayed by a court or the case is determined, whichever is the earlier. The offence will be an automatic licence disqualification offence on conviction. This would see the licence of a person convicted of the offence automatically disqualified for at least three months for a first offender or at least 12 months for a repeat offender.
Additionally, the existing vehicle seizure and impoundment provisions in the road transport legislation will apply to the new offence. A police officer who believes on reasonable grounds that the vehicle has been used to commit the offence of failing to stop for police may seize the vehicle. A motor vehicle seized immediately following the offence being committed can be kept until the court deals with the matter or a maximum of three months for a first offender. Following a person being convicted, the court can order the motor vehicle be impounded for a maximum of three months for a first offence. Repeat offenders can have their vehicles forfeited to the territory.
In relation to these vehicle seizure provisions I should point out that existing provisions provide that the court may, by order, specify a shorter period of impounding, dispense with the period of impounding or commute forfeiture to a period of impounding to avoid excessive hardship or other injustice to anyone. However, in doing so, the court must have regard to the circumstances of the offence, including the risk to the safety of road users.
The bill will allow a police officer to enter onto private property to seize a motor vehicle where the police officer believes on reasonable grounds that the motor vehicle used to commit the offence of failing to stop for police is on the property. This provides an immediate sanction, a deterrent, and also removes the vehicle from being used again for a similar offence.
Police officers are subject to strict statutory time frames within which they can seize a vehicle suspected to have been used to commit the offence. Currently, owners of
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