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| Bill presented and read a first time. Ms LAWRIE (Infrastructure and Transport): Madam Speaker, I move that the bill be now read a second time. Madam Speaker, the purpose of this bill is to amend the Motor Vehicles Act, Traffic Act and Traffic Regulations in order to implement the Northern Territory demerit points scheme as part of the of the Martin government’s road safety reform package. The Road Safety Task Force Report stated that the Northern Territory has a serious and ongoing road safety problem. The report goes further to highlight that on average, one in every 400 Territorians is killed or seriously injured in a road crash every year and that novice drivers, aged 16 to 20, have three times the risk of crashes and fatality compared with other drivers in the Territory. The Martin government has committed to make the Territory roads safer and announced in November 2006 a package of road safety reform initiatives, one of which included the introduction of a demerit point scheme for the Territory. It has been stated in the report, Madam Speaker, that an effective road safety strategy must integrate complementary measures of enforcement, education and sanctions. The demerit point scheme is one element of the Martin government’s road safety strategy and, importantly, seeks to change the behaviour of those drivers who repeatedly continue to break the law on Territory roads. This unlawful behaviour places all road users at considerable risk. Madam Speaker, this bill assigns demerit points to some existing eight categories of traffic offences, some 23 specific traffic offences in total, and provides the framework for the administration of the demerit points scheme. It requires the Registrar of Motor Vehicles to: record demerit points incurred by drivers; take action against driver licences when excessive points are accrued, including suspension of driver licence; apply demerit points licence suspension separate to other driving disqualifications. To support the fair and effective implementation of the demerit point scheme, this bill additionally amends the Traffic Act, Traffic Regulations and the Motor Vehicles Act. These additional provisions aim to discourage the avoidance of demerit points, among other things. Demerit points mean consequences for those drivers who continue to demonstrate unsafe driving behaviour and break the law. It is particularly important for those novice drivers on their learner and provisional licences that, during their formative years, they develop patterns of good driving behaviour. The eight broad categories of existing traffic offences to which demerit points will apply include: speeding; disobeying red traffic signals; disobeying level crossing signals; seatbelts unfastened; drink driving under .08% blood alcohol content; drive using a mobile phone; no mobile phones for learners and provisionals; no hand held phones for full licence holders; drive or ride without an L or P plate; and hooning, speed trials, burnouts and damage to roads. These offences make up 87% of all infringement notices issued by police last year. At commencement of the scheme, all Territory drivers will start with zero points. Speeding will attract one to six points, depending on speed range over the limit. All other groups will attract three points, except drive without the L or P plate, which will attract two points. The demerit point scheme will over sit the existing infringement process. Points are recorded only when: a driver has paid an infringement notice in full or part; the driver is found guilty of a demerit points offence in court; or, the time payment has passed without the driver electing to have the matter heard in court. Points are removed from a person’s record when they reach a total that triggers suspension or the option to continue driving under good driving behaviour conditions. Madam Speaker, this framework is consistent with all other Australian jurisdictions. It will be mandatory for the Registrar of Motor Vehicles to serve a notice of suspension, with the option of good driving behaviour, when a person on a full licence accrues 12 points or more within three years. Learners, provisionals and overseas drivers will be subject to five points or more within 12 months. If they do not reach this figure, they will be subject to the 12 points in three years trigger. Suspension periods for full licence holders will be: three months per 12 to 15 points; four months per 16 to 19 points; or, five months per 20 or more points; and for learner and provisional licence holders: three months per five to eight points; four months per nine to 12 points; or, five months per 13 or more points. The accrual period for demerit points will be calculated by counting back three years, or 12 months, as appropriate, but not earlier than the commencement date of the scheme, from the date of commission of any demerit points offence, regardless of the date it is entered in the register. Additionally, this bill provides a driver 21 days in which to opt for a good driving behaviour. The good driving behaviour option provides a driver with another chance to continue driving, even after they have accrued points for repeat attending. Territory licence holders and residents serving a pre-existing disqualification may agree to good driver behaviour. Agreement for good driving behaviour must be in person at an MVR outlet, which includes remote police stations. This agreement will be binding and will contain the conditions that the good driving behaviour period is a total of 12 months. If a driver incurs two or more points during good driver behaviour, the person will be disqualified from driving for twice the period that would have applied. If the driver is or becomes disqualified from driving for a reason other than demerit points, good driving behaviour is postponed and recommences immediately the disqualification ends. If a driver does not hold a current Territory driver licence, suspension will be applied as suspension of the right to obtain or renew a driver licence or, for visitors, suspension of the right to drive in the Territory. This scheme is to make the road safer for everyone. In line with national agreement on the administration of demerit point schemes, the bill requires demerit point suspension to be undertaken separately from other driving disqualifications; for example, for speeding and drink driving. If a person is or becomes disqualified from driving for reason other than demerit points, any demerit point suspension against the person will be postponed. It will commence or re-continue immediately the other disqualification ends. The exception for postponement of demerit points suspension is when fine default suspension applies. In this case, demerit point suspension runs and, if fines are not paid when demerit point suspension ends, fine default suspension continues. Drivers will have multiple opportunities to check their demerit points records and have ample opportunity to change their unsafe driving behaviour before any obligatory licence suspension will occur. Demerit points tally checks will be available from Motor Vehicle Registry outlets. Caution letters will be issued before excessive points are incurred, and good driving behaviour provides a further chance for drivers. Good driving behaviour also provides for those drivers who continue to offend and who rely on vehicles for their employment another opportunity to modify their unsafe behaviour. The bill also ensures that drivers who believe there is an error in the points recorded against them may apply to the Registrar to have their demerit points record reviewed. The Registrar must correct the number of points recorded against the driver if the Registrar is satisfied that the number is inaccurate after taking into account police and court information including that an infringement notice is withdrawn or a finding of guilt is quashed. If the correction affects a notice of suspension that has been issued to the driver, the Registrar must update the driver’s licence status. Similarly, the minister may require the Registrar to correct the demerit points register and update licence status if the means used to detect demerit points offences were deficient at the time the offence was recorded. The bill provides that a person is not liable for the good faith administration of the Demerit Point Scheme. To support the effective implementation of the NT Demerit Point Scheme, the bill additionally amends the Traffic Act, Traffic Regulations, and Motor Vehicles Act as follows: · it allows for the withdrawal of infringement notices and their reissue outside the time for payment in exceptional circumstances. This is a precaution in case an infringement notice is paid and points assigned without the knowledge of the person named on the notice. · it increases body corporate infringe penalties for camera-detected demerit points offences to five times the penalty applied to an individual. This is to discourage protection of drivers of corporate vehicles from the consequences of repeat offending. · It ensures the body corporate hirers of vehicles can be liable to the same penalties as body corporate owners if they do not identify the driver; and · it creates the offence of avoidance where a body corporate fails more than twice within three years to identify the driver responsible for a camera-detected demerit points offence. Avoidance will be prosecuted with the maximum penalty of $2200. The onus will be on corporate entities to ensure that accurate driver log books are maintained so that a driver can be identified. The Demerit Points Scheme will not impact on those drivers who drive safely and obey Territory road laws. Based on research, it is estimated that on average, 31% of licensed drivers in the Territory would have demerit points at any given time. This would equate to approximately 37 000 licensed drivers in the Territory. It is estimated that only between 1% and 2% of those who have demerit points recorded in the Territory would progress to reaching the point threshold or action trigger point. Additionally, statistics indicate that only 50% of drivers on good behaviour would breach their good behaving option. This equates to about 370 licensed drivers. Madam Speaker, this bill and scheme aims to assist in changing the behaviour of those who repeatedly break Territory road laws and place themselves and others at risk. I commend the bill to honourable members and I table the explanatory statement. Debate adjourned. |