Page 1343 - Week 05 - Tuesday, 9 April 2013
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
The reinstatement of a person’s licence under section 47A helps them to avoid further negative impacts in their life circumstances. Losing a licence through a suspension can result in loss of employment, which cuts off the income needed to meet essential expenses. This loss of income compounds other pressures in the lives of honourable people. It can lead to family breakdown or, in extreme cases, homelessness. Losing a licence can also cut a person off from community and health services that could actually help them to get their lives back on track. Lifting a licence suspension can help to avert many of these negative consequences. It can prevent a person from losing their job because they cannot get to or from work on time. If they are unemployed, lifting a suspension allows them more opportunities to find a job.
This outcome is consistent with the recommendations of the targeted assistance strategy that penalties or sanctions should be lifted as soon as the payment arrangement is agreed and that they should continue to be suspended for as long as the person is meeting their commitments to pay or discharge their liability. This is recognised in the legislation.
It is also important to recognise that entering a plan does not mean that a person avoids the consequences of poor driving behaviour. Nor will the availability of the new options act to encourage drivers to break the road rules. The legislation will not prevent or lift demerit point suspensions. A consequential amendment to the driver licensing act ensures that the Road Transport Authority records demerit points against a person where their application for a plan is allowed.
The effect and purpose of the demerit point scheme, which is a key element of promoting safer driving, is preserved by this bill. The amendments made by this legislation make it clear that entering a plan is similar to paying a penalty in full. Entering a plan indicates that the person accepts the infringement notice and will not dispute liability or otherwise contest it, and the person makes a commitment to pay or discharge the penalties that they owe.
The bill acknowledges that there is a group of suspended drivers who have been suspended primarily or solely because of an inability to pay infringement notice penalties; they are people who, under the current less flexible arrangements, cannot pay rather than will not pay. For that group, the bill provides the means to discharge the penalty debt in a flexible way that does not cause further financial or personal pressure. These are important reforms.
I would like now to turn to one other particular matter that is dealt with by this bill. Section 32 of the Road Transport (Driver Licensing) Act provides that a person convicted of driving while their driver licence is suspended is automatically disqualified from holding or obtaining a licence for a specified minimum period. At present the length of this period must be at least 12 months for a first offender and 24 months for a repeat offender unless the court orders a longer period. The court has no discretion to impose a period shorter than 12 months.
It is acknowledged that the sanction of licence disqualification, in addition to a monetary penalty or a term of imprisonment, is an important deterrent to offending. A number of other road transport offences also apply automatic licence disqualification
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video