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The Transport Legislation (Road Safety) Amendment Bill 2007 amends the Traffic Act, Motor Vehicles Act and associated Regulations:
· Expands the definition of “immediate suspension offences” to include any repeat drink driving offence within 3 years. This means drivers licences will be immediately suspended by police when they commit a repeat drink driving offence within 3 years.
· Changes the understanding of what constitutes an earlier drink driving offence. For the purposes of determining whether a person will be subject to higher penalties for repeat offences, earlier drink driving will be expanded to include alleged offences where a traffic infringement notice was issued.
· Introduces mandatory licence disqualification for repeat low range (0.05-0.08) drink drivers as well as for commercial vehicle and 18-25 year old drivers exceeding zero alcohol requirements.
· Changes requirements for collection of blood samples for blood alcohol testing. The timeframe for collection of both breath and blood is increased from 2 to 4 hours and registered nurses and other qualified persons are able to take blood for the purpose of the Traffic Act.
· Requires that all learner licences (including motor cycle licences) are held for a minimum continuous period of 6 months before the driver will be entitled to seek to upgrade.
· Requires that provisional drivers under 25 years old hold a provisional licence for 2 years before they will be entitled to upgrade to an open licence. If a provisional licence is granted to a driver over 25 years old, they will be provisional for 12 months.
· Prohibits learner and provisional drivers from using any form of mobile phone (including hands-free) when driving.
NOTES ON CLAUSES
Clause 1. Short Title
The Bill when passed will be cited as Transport Legislation (Road Safety) Amendment Act 2007.
Clause 2. Commencement
The Bill will commence on a date notified in the Gazette.
Clause 3. Act amended
This part amends the Motor Vehicles Act.
Clause 4. Amendment of section 5 (Interpretation)
This provides for section 5 to be amended to include the meaning of “learner licence” as set out in section 9. This term replaces the term “permit licence.”
Clause 5. Repeal and substitution of section 9
Section 9 provides the meaning of “learner licence” for the purposes of the Act. The substituted section 9 establishes that:
(A) Learner licences are valid for 2 years.
(B) The Registrar may grant learner licences to persons 16 years and older upon application and payment of the prescribed fee.
Clause 6. Amendment of section 10 (Granting of licences)
Section 10 is amended to define the Registrar’s power to grant licences as follows:
(A) A licence to drive a motor vehicle can be granted provided the applicant has either:
(i) held a full licence previously in the NT or elsewhere; or
(ii) held a learner licence and the Registrar is satisfied the applicant can drive the class of vehicle safely, in accordance with the law and traffic control devices.
(B) Learner licences must be held for a continuous period of 6 months before the driver can upgrade.
(C) Commercial passenger vehicle licences can be granted to persons over 18 years 6 months old who satisfy the Registrar that:
(i) They can safely drive a commercial passenger vehicle.
(ii) They can read and write in English.
Clause 7. Repeal and substitution of section 10A
Section 10A is repealed and replaced with the following provisions in relation to provisional licence holders:
(A) Licences granted to persons under 25 years old who have not previously held a licence are provisional for 2 years.
(B) Licences granted to persons 25 year and older who have not previously held a licence will be provisional for 12 months.
(C) If a licence is suspended while provisional, the provisional period will be extended by the period of the suspension.
(D) If a licence is cancelled while provisional, the driver will need to apply for a new grant of licence once the cancellation period is complete. When reissued, the applicable provisional licence period will need to be completed in full. The period of cancellation will not be taken into account.
Clause 8. Amendment of section 11 (Physical or mental incapacity or unfitness to hold licence or permit)
Section 11 is amended to remove reference to “permit licences” are replaced by “learner licences.”
Clause 9. Amendment of section 14 (Form of registration certificate or licence)
Section 12 is amended to remove reference to “permit licences” are replaced by “learner licences.”
Clause 10. Amendment of section 103 (Duration of certificates and licences)
The section heading is amended to refer to “registration” rather than certificates.
This section does not apply to licences which licence a person to drive a particular vehicle rather it applies vehicle related licences, such as trader plates and pastoral permits.
This section deals with the duration and validity of certificates and licences granted by the Registrar as follows:
(A) Unless cancelled or suspended, registration and licences are granted or renewed for 12 months.
(B) Licences can be granted or renewed for less than 12 months and the fee will be proportionate to the reduced period. There is an administration fee that will be paid on top of the reduced fee.
Clause 11. New section 104
This is a new section which sets out provisions in relation to the grant or renewal of licences to drive a motor vehicle, commercial passenger vehicle or heavy vehicle. This section provides that:
(A) Applicants can request their licence be valid for the period prescribed for that class or for a shorter period. The minimum period is 12 months.
(B) The period of validity of the licence will be shown on the licence granted.
(C) The Registrar can take into account the applicant’s age, any health conditions, driving record or any other mater considered appropriate when considering the length of the validity of a licence.
Clause 12. Act amended
This part amends the Traffic Act.
Clause 13. Amendment of section 3 (Interpretation)
This provides for section 3 to be amended to include the meanings of:
(A) “Health centre” to be as set out in the Medical Services Act; and
(B) “Qualified person” as including registered nurses who can practice under the Health Practitioners Act or a person trained to take blood by a registered training organization under the Australian National Training Authority Act 1992 (Cth).
Clause 14. Amendment of section 20A (Immediate suspension offence)
This section is amended to expand the meaning of “immediate suspension offence” to include any repeat drink driving offence within 3 years. This means that Police can be suspend licences on the spot where the driver has an earlier drink driving offence.
For the purpose of this section, earlier offences are understood to include alleged drink driving offences where the Police issued a ticket. Tickets with associated fines can be issued in relation to the following drink driving offences:
(A) Driving with blood alcohol concentration of 0.05-0.08 (Section 19(6)).
(B) Driving instructor driving with blood alcohol concentration above 0.00 (Section 19(7))
(C) Driving with blood alcohol concentration above 0.00 if driver is:
(iii) Between 18-25 years old and has not held a licence for 3 years provided they are not a learner licence holder.
(iv) A heavy vehicle driver (ie. GVM over 15 tonnes).
(v) Carrying dangerous goods
(vi) Driving a commercial passenger vehicle.
(vii) Driving a vehicle with seating capacity of 12 or more or driving a vehicle with 12 or more passengers.
Section 19(8)
Clause 15. Amendment of section 22 (Results of breath analysis or blood test)
This section is amended to extend the time available for Police to take breath or blood tests. The Bill provides that, regardless of what other evidence is provided, if a court is satisfied a breath test was done within 4 hours of the event that brought the person to the attention of police (under sections 23(1) or 23(2)), the person is deemed to have had blood alcohol concentration not less than the concentration indicated in the breath sample.
Clause 16. Amendment of section 23 (Requirement to submit to breath test)
This clause is amended such that Police cannot require a person undergo a breath test if:
(A) it appears it may be detrimental to the persons medical condition for them to undergo a breath test within 4 hours.
(B) It is more than 4 hours from the event which brought the driver to Police attention (being events described in section 23(1) and (2)).
Clause 17. Amendment of section 24 (Right to communicate with medical practitioner)
This section is amended to provide that a person in custody following a breath or blood test can ask the person who performed the breath or blood test to request another medical practitioner to either:
(A) examine them and take a further blood sample; or
(B) arrange another medical practitioner or qualified person to take a further blood sample.
Clause 18. Repeal and substitution of sections 25 and 26
Sections 25 and 26 are repealed and replaced with provisions in relation to blood sampling for the purposes of the Act.
A new section 25 is inserted allowing Police to require blood tests when it is believed a person has committed a drink driving offence and they do not provide a breath test for medical reasons. In this case, Police must choose whether to transport the driver to a hospital or to a health centre. If the person is to be taken to a health centre, Police will need to ensure there is a health practitioner available and willing to take blood as taking blood samples at health centres for the purposes of this Act is entirely voluntary.
Different rules apply in hospital and health centres and a new section 26 is inserted which sets who can take blood:
(A) in a hospital – medical practitioner, registered nurse or qualified person under the supervision of a medical practitioner or nurse.
(B) in a health centre – medical practitioner, registered nurse or qualified person.
The arrangement in health centres is entirely voluntary however in hospitals, there is a requirement to ensure blood is taken for the purposes of the Act. Responsibility to ensure this occurs is as follows:
(A) If a person is taken to hospital because they cannot give a breath sample (under section 23(11) (a)) – person in charge of the hospital.
(B) If a person (over the age of 15) enters hospital for treatment or examination of injuries which may have occurred in a motor vehicle accident – the Minister administering hospitals in the Territory.
In a hospital, blood can be taken from persons who are unconscious or who cannot consent. This is not permitted in health centres.
Clause19. Amendment of section 27 (Evidence by certificate)
This amends section 20 by removing references to “hospital” and replacing them with “hospital or health centre”. This means that both hospital and health centre staff are able to complete a certificate in the relevant prescribed form to be used in court proceedings if they have taken blood for the purposes of this Act.
Clause 20. Amendment of section 38 (Proof of speed)
This amends section 21 to provide that information as to the speed a vehicle was traveling at a particular time as recorded by a traffic infringement detection device (eg. speed camera) is prima facie evidence of the speed.
Clause 21. Amendment of section 39 (Cancellation of licence)
This amends section 39 to include alleged drink driving offences where a ticket was issued as being an earlier offence for the purposes of determining penalty. This section provides that where a driver has an earlier drink driving offence they will incur minimum licence disqualification where a driver is convicted of a low level drink driving offence where they have committed another low level offence in the last 3 years. Drivers will be disqualified for the following periods:
(A) 3 months for a second offence within 3 years.
(B) 6 months for a subsequent offence within 3 years.
If a licence is cancelled as a result of this section, the court will ensure the Registrar is notified of the cancellation.
Clause 22. Repeal and substitution of section 42
Section 23 is repealed and substituted with a new section which sets out that if a provisional driver is found guilty of an offence against the Traffic Act, the person’s licence is to be provisional for a longer period as the court considers appropriate. Any period imposed by a court pursuant to this section, is in addition to the provisional period determined or extended pursuant to section 10A.
Clause 23. Repeal and substitution of section 44
Section 44 is repealed and substituted with a new section which sets out how the Police Commissioner approves traffic infringement detection devices (TIDDs) for use. This is done by notice in the Gazette which must specify the testing regime and can impose conditions on the approval and the Commissioner can approve persons qualified to test accuracy of TIDDs by notice in the Gazette. TIDDs must not be used if they have not been tested in accordance with this section.
Section 44AA is also inserted. This sets out the requirements which must be satisfied before the Commissioner can approve a TIDD for use. TIDDs must produce an electronic or photographic image which shows the vehicle and its number plate. The TIDD must also record identifying information in relation to the device, location, date and time. Other information can be prescribed.
In addition, when the offence recorded is a speeding offence, the TIDD must record information as to the speed limit at the location and the speed the vehicle was traveling at the time. For red light offences, the TIDD must record the number of seconds between the time the light turned red and the time the driver proceeded past the line.
The information recorded by the TIDD must be held in an electronic file in unalterable format and it must be transferable to a printed form.
Clause 24. Amendment of section 44A (Proof of certain matters relating to use of infringement detection devices)
This amends references to section 44(2) to refer to section 44(3).
This section also provides that, in proceedings for a speeding offence, the production of a form that contains an image recorded by a TIDD is evidence that the vehicle was being driven at the time and speed shown on the form.
Clause 25. Regulations amended
This part amends the Motor Vehicles Regulations.
Clause 26. Amendment of regulation 4AA (Classification of licences)
This amends regulation 4AA which deals with licence classifications. If a licence is granted for commercial passenger vehicles an “h” endorsement will appear on the licence to indicate that the holder is licensed to drive a commercial passenger vehicle.
Clause 27. Repeal of regulation 5.
This repeals regulation 5.
Clause 28. Amendment of regulation 8 (Prescribed period of licence)
This amends references to section 103A with references to section 104A.
Clause 29. Regulations amended
This part amends the Traffic Regulations.
Clause 30. Amendment of regulation 11 (Definitions)
This updates the Regulations to reflect changes in the Act which replace references to “permit licences” with “learner licences.”
Clause 31. Amendment of regulation 12 (Learners driving motor vehicles)
This updates the Regulations to reflect changes in the Act which replace references to “permit licences” with “learner licences.”
Clause 32. Amendment of regulation 13 (Learners riding motor cycles)
This updates the Regulations to reflect changes in the Act which replace references to “permit licences” with “learner licences.”
Clause 33. New regulation 15A
This inserts a new regulation which prohibits learner and provisional licence holders from using any form of mobile phone (including hands-free mobile phones) while driving.
Clause 34. Amendment of Schedule 1
This inserts a $60 traffic infringement penalty in the Table in Schedule 1. This is the fine for learner or provisional licence holders using any form of mobile phone (including hands-free mobile phones) while driving.
Clause 35. Repeal
The following Acts and Ordinance are repealed:
(a) Road Safety Council Ordinance 1978.
(b) Road Safety Council Amendment Act 1981.
(c) Road Safety Council Amendment Act 1998.
Clause 36. Expiry of Part.
This part expires the day after it commences.