Page 2492 - Week 12 - Tuesday, 14 November 1989
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or any other power as its principal means of propulsion. Because of that definition, a motorised wheelchair is required to conform to laws governing motor vehicles, including registration, compulsory third party insurance and such items as a horn, blinkers, wipers and so on. These are clearly inappropriate requirements in today's circumstances.
However, more seriously, the Motor Traffic Act states that wheelchairs are prohibited from travelling on footpaths or in any public places where motor vehicles are prohibited. Of course, today these are clearly archaic requirements, especially in today's circumstances where motorised wheelchairs are now rather commonplace. To correct the anomaly, the definition of a pedestrian is being widened to include a disabled person travelling in a motorised wheelchair, as long as that wheelchair is not capable of exceeding seven kilometres an hour. That is the speed of a very, very brisk walking pace - well, certainly for me, a brisk walking pace.
While this law that I have quoted has not been enforced, it is nevertheless a law which discriminates unnecessarily against a small sector of the community. As matters currently stand, a disabled person who needs to travel in a motorised wheelchair is technically breaking the law when travelling on paths and in public places such as the foreshores of Lake Burley Griffin or Lake Ginninderra. Clearly, such a situation is untenable, and I am pleased that this Government has moved so quickly to remove that discrimination against disabled people.
Under the proposed Bill, disabled people using motorised wheelchairs will be subject to the same laws and regulations which cover pedestrians. They will be required to exercise due care and attention and to provide reasonable consideration for other users. A penalty of $100 is proposed for offenders convicted of contravening that provision.
In addition, the definition requires that the wheelchair be specifically designed and constructed for use by a disabled person. This is included to stop possible abuse by able-bodied people using motorised wheelchairs for purposes other than those intended. I suppose we do have to cover all options. I believe that this Bill has wide-reaching effects, more than simply correcting the anomaly quoted. It demonstrates that the Government is sensitive to the disadvantaged members of our community by ensuring that they are accorded the same rights and privileges available to other users of transport facilities in the ACT. That is the major importance of this Bill.
MR JENSEN (4.22): From the outset let me say that the Rally is supporting this amending Bill, but let me also add to the comments made by Mr Wood in relation to the importance of this particular Bill to those less fortunate in our community who are required to use wheelchairs
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