Page 2375 - Week 06 - Thursday, 24 June 2010
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being granted a restricted licence rather than serving any period of licence disqualification.
It is critical to deterring drink driving that the community understands that drink-drive offenders will face appropriate consequences for their actions, including loss of the privilege of using the roads for a period of time. The rate of dispensation of restricted licences has contributed to a view in the community that a drink-driving conviction will not necessarily mean the loss of access to a driver licence. The approach taken in the bill is to allow an application for a restricted licence only in circumstances where it is possible that a person has made a first and genuine mistake.
To achieve this, the definition of repeat offender has been amended. Currently, a repeat offender cannot apply for a restricted licence. However, presently the definition of repeat offender only applies to a person who has had a drink-driving conviction in the past five years. The changes made by the bill will mean that a person will be a repeat offender if they have been convicted or found guilty of a drink-driving offence at any time, no matter how long ago. A person will also be a repeat offender where two drink-driving charges are dealt with concurrently. Consequently, in the future, only genuine first offenders will be eligible to apply for a restricted licence.
Further, the bill provides that only low-range first offenders will be able to apply for a restricted licence. If the offender has a BAC which is .05 or more higher than the BAC limit for that person, he or she will not be able to apply for a restricted licence. This means that a special driver who records a BAC of .05 or more, or a full licence holder who records a BAC of 0.1 or higher, will not be able to apply for a restricted licence.
Based on recent AFP data showing that around half of persons charged with drink driving have a BAC of 0.1 or more, this will mean that around half those caught drink driving will not be able to apply for a restricted licence based on their BAC reading alone. Some others with a lower BAC but who are also repeat offenders will also not be eligible to apply for a restricted licence. For the remainder who are eligible to apply, they will need to demonstrate to the court the exceptional circumstances justifying the grant of the licence. Based on current data, it could be expected that the number of restricted licences being granted would be at least halved.
Another new measure effected by this bill to protect other road users and to reinforce that a consequence of drink driving is loss of the privilege of holding a driver licence is immediate licence suspension by police for high-range offenders. Where a driver exceeds the BAC applicable to that person by .05 or more, police will be required to immediately suspend the person’s licence. Similar provisions have been in place in some other jurisdictions.
The bill provides for a person whose licence is suspended by police to apply to the Magistrates Court for a stay of the suspension, and the court may stay the suspension if satisfied that there are exceptional circumstances warranting a stay. The court’s primary consideration in deciding whether to stay the suspension will be the risk to the safety of road users.
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