Page 2347 - Week 08 - Thursday, 5 August 2021
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The infringement notice offence, negligent driving in any other case will only apply where the negligent driving does not occasion death, grievous bodily harm or actual bodily harm. The bill also increases the infringement notice offence for negligent driving in any other case from $398 to $598. This increase will encourage Canberrans to drive more safely whenever they are on the road, by appropriately penalising drivers who do not maintain the standard of care that is expected of them.
To ensure road transport penalties are commensurate with the road safety risk associated with the unsafe behaviour they are addressing, the bill also increases existing minimum automatic licence disqualification periods for a range of serious driving offences. The minimum automatic disqualification periods proposed to be increased are:
• culpable driving causing death and grievous bodily harm—this will increase for first offenders from six months to 12 months;
• negligent driving occasioning death—this will increase for first offenders from three months to nine months and from 12 months to 18 months for repeat offenders; and
• negligent driving occasioning grievous bodily harm—this will increase for first offenders from three months to six months.
The minimum automatic disqualification periods for a repeat offender for culpable driving occasioning death or grievous bodily harm will remain at 24 months, and the minimum automatic disqualification period for a repeat offender for negligent driving occasioning grievous bodily harm will also remain at 12 months. These additional amendments create a clear hierarchy of penalties that are proportionate to the consequences of negligent driving in different cases.
I would be remiss if I did not make mention of the work Jo Clay MLA has been undertaking in this place in recent months. As members will be aware, Ms Clay introduced a bill of her own during the June sittings that also seeks to increase protections for vulnerable road users from negligent driving. Ms Clay’s bill seeks to introduce a significant infringement notice offence for negligent driving that harms a vulnerable road user. This would be in addition to and operate alongside of the existing negligent driving penalties framework if passed.
Ms Clay and I have had a number of very constructive discussions about our respective bills. We agree there is a gap which needs to be closed in the existing penalties framework of negligent driving occasioning harm that does not amount to grievous bodily harm. The bill I am introducing today would strengthen protections for all road users, not just pedestrians and cyclists.
This approach focuses on the problematic offending behaviour, not the class of persons that are harmed. We fundamentally believe all Canberrans should enjoy the same level of protections on our roads. My bill as drafted would likely apply most commonly in cases of negligent driving involving cyclists or pedestrians, but it would not exclusively apply to them.
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