Page 1441 - Week 05 - Thursday, 13 May 2021
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replacement or software changes, it must be tested. If a camera does not pass the test, it will not be used to detect road transport offences.
The cameras may also only be operated by police officers and approved people who are appropriately skilled and trained. Highly trained and authorised individuals will have responsibility for reviewing the images identified as detecting a possible mobile device use offence prior to any infringement notice being issued. All existing options available to a person who receives an infringement notice for a road transport offence will apply to infringements issued for an offence detected by these new cameras.
The bill also makes a minor change to the existing mobile device use offence in the ACT’s road rules regulation. It is an offence under the road rules for a driver to use a mobile device while a vehicle is moving or is stationary but not parked. A “mobile device” in the territory includes a mobile phone and any other wireless hand-held or wearable device designed or capable of being used for telecommunications—for example, a tablet—but does not include a CB radio or any other two-way radio.
The road rules currently allow the driver of a vehicle to hand their passenger a mobile device while driving. This is inconsistent with the ACT government’s commitment to addressing driver distraction and national reforms on driver distraction, which are designed to encourage people to place their devices elsewhere in the car when driving. Accordingly, the bill closes this loophole, meaning it will now be an offence for the driver of a vehicle to hand a mobile device to their passenger while driving.
The bill also creates a reverse onus of proof for camera-detected mobile device use offences. It assumes that an image captured by a mobile device detection camera is taken to be moving or stationary but not parked. As the images captured will be of drivers in their cars on the road, this is an appropriate assumption to make. It will now be the responsibility of the driver to provide evidence to the contrary, given they are clearly in the best position to provide this evidence. This is consistent with the approach to the onus of proof for Canberra’s existing speed and red-light cameras. Importantly, the bill maintains a person’s right to contest the evidence of the offence captured by a mobile device detection camera. This is consistent with arrangements in other states such as Queensland.
This introduction of the cameras is a significant change and the community will need some time to adapt to the operation of the cameras. During the first three months that the cameras are in operation, drivers caught by a camera using their mobile device illegally will be issued with a warning letter to encourage them to change their behaviour. No financial or demerit point penalty will apply during this period.
An extensive communications campaign will support the rollout of these new cameras. This will include advice to the community on the risks associated with mobile device use, how the cameras will operate in the ACT and how privacy concerns have been addressed. This campaign will have a particular focus on our younger drivers.
The ACT government is aiming to introduce these cameras from late 2021 or early 2022, following completion of the procurement process. I am confident the cameras will help the ACT government in our efforts to reach vision zero. The cameras will
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