Page 5238 - Week 12 - Thursday, 28 October 2010
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rises substantially with increased BAC levels. The degree of crash risk rises for drivers with a BAC of .1 and is almost five times that of drivers with no alcohol in their system and around double that of a driver with a BAC of .05.
While .15 is currently the high-range threshold in a number of other jurisdictions, this is already under review in at least one of them, with a suggestion that it be lowered to .1 for the purpose of eligibility for restricted licences. On balance, the government is satisfied that .1 is the appropriate threshold to regard drink driving as high-range drink driving and to exclude persons from eligibility to apply for a restricted licence and to impose immediate licence suspension.
While many of the amendments made by the bill are directed at deterring drink driving through the imposition of restrictions on access to a licence, the package of amendments made by the bill also includes an initiative to better educate drivers about the dangers and impact of drink driving. New provisions will require every convicted drink driver to complete an alcohol awareness course before the driver can obtain a probationary licence, following a period of licence disqualification, or be issued a restricted licence where the court is satisfied that it is appropriate to do so.
There is currently an alcohol education course for drivers available in the ACT. It is the sober driver course run by the Alcohol and Drug Foundation ACT, or ADFACT. However, concerns have been raised that, even where the court currently makes an order for a drink driver to complete this course, there is no means of effectively enforcing this requirement. Some persons charged with drink driving enrol in the course, before attending court, to improve their prospects of making a case for a restricted licence. However, available information suggests that more than half the people who enrol in the course do not complete it, with many people pulling out as soon as they have a restricted licence or a probationary licence.
Under new provisions included in the bill, all convicted drink drivers and people found guilty of a drink-driving offence will be required to complete an alcohol awareness course before they can get their licence back.
In practice, what will happen is that when a person is caught drink driving by police the person will be provided with information to the effect that, if the person is convicted or found guilty of drink driving, the person will have to complete an approved alcohol awareness course before getting access to any form of driver licence. It is anticipated that many persons charged with an offence will complete the course before their court appearance, particularly if they propose to apply for a restricted licence. Others may wait until they have been convicted and disqualified from driving before completing a course. It will be up to the individuals as to when they complete the course but the bottom line is that they will have to provide evidence to the RTA that they have completed an approved course. They will not have a driver licence issued without that.
Over the coming months, the Department of Territory and Municipal Services will be working with other government and non-government agencies to settle the requirements for approved courses and will invite providers of alcohol education courses that meet those requirements to seek approval of their courses. It will be
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