Page 762 - Week 03 - Thursday, 21 May 1992

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Mr Connolly - the answer to the Members question is as follows:

(1) It is often the role of Government to legislate to reduce the trauma for the families of seriously-injured accident victims if possible. Precedents, such as the wearing of seat belts, the imposition of speed limits, the introduction of drink-driving legislation, the testing of motor vehicles, have all been imposed to reduce the risk of injury and death to members of the community. Occasionally these measures may reduce an individuals freedom, but I believe that when sufficient evidence is available to suggest that lives could be saved or serious injury prevented if these freedoms were reduced, it is a responsibility of Government to adopt these measures.

(2) The wearing of helmets is an effective measure to reduce pain and suffering from injuries as well as costs incurred by the health system. The compulsory wearing of helmets is considered to be a practical and effective road safety measure which already has widespread acceptance amongst the community.

The Ten Point Road Safety Package (of which cycle helmet legislation is a part) does not discriminate against-cyclists. It includes the reduction of the blood alcohol limit for all drivers, the imposition of maximum speed limits for heavy vehicles and speed limiters for heavy vehicles.

(3) & (4) It is not appropriate for me to divulge the nature of Departmental advice to a minister, discussions between officers of my Department and other Departments, or of discussions between Ministers.

(5) I am aware that reports exist that suggest that punitive laws can be ineffectual in inducing young people to adopt desired behaviour. However, I believe that this legislation should not be categorised in this way. I believe that the $35 fine is set at a reasonable level considering that it is a penalty designed to enforce the publics safety.

In regard to the inducements offered by my Department for the wearing of helmets, the Road Safety Unit of my Department has, for a number of years, promoted cycle safety, including the wearing of helmets, in all ACT schools. There has been an average increase of around 30% in helmet-wearing rates over the past six years, from under 20% in 1986. The overall wearing rate within the community is far from satisfactory, especially as the increased wearing rates are not reflected to the same degree amongst teenage riders. I feel that there is a need for further incentives to wear helmets which is why I introduced this legislation into the Assembly.

(6) I met with Mr Curfew, President of the Cyclists Rights Action Group, an organisation established primarily to fight the introduction of compulsory helmet wearing, before this Bill was introduced and discussed the proposal with him. Given the nationally uniform approach to this matter, and its inclusion in a package which was accepted by the Alliance Government, I feel that sufficient consultation took place.

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