Page 798 - Week 03 - Tuesday, 8 March 2016
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The Road Transport Legislation Amendment Bill 2016 is an important aspect of the police pursuit reforms. It supports the effectiveness of the new limited pursuits model. It will complement ACT Policing’s new policy by punishing drivers who fail to stop and providing more effective investigatory powers to identify drivers in the first place. It substantially increases the penalties for failing to stop a motor vehicle for police. Currently, a driver who fails to stop their vehicle when requested or signalled to do so by a police officer faces a maximum of 20 penalty units. That penalty is inadequate and does not reflect community sentiment as to the appropriate punishment that should apply to drivers who fail to stop. The consequences of failing to stop can be stark and the penalty for this conduct should reflect that.
The bill also increases the penalty for the offence of furious, reckless or dangerous driving where the aggravated factor of failing to stop for police is present. Drivers who commit this offence will also face the immediate sanction of licence suspension and vehicle seizure. A police officer who believes on reasonable grounds that a person has committed the offence must give the person an immediate suspension notice. This notice suspends the person’s right to drive for 90 days, until stayed by a court or the case is decided, whichever is the earlier.
A person who is convicted of the offence will also receive an additional automatic licence disqualification. This would see the licence of a person convicted of the offence automatically disqualified for at least three months for a first offender or at least 12 months for a repeat offender. The motor vehicle used to commit the offence will also be seized. This provides both an immediate sanction and a deterrent. Seizing the vehicle also prevents the vehicle from being used again for a similar offence.
A police officer who believes on reasonable grounds that the vehicle has been used to commit the offence of failing to stop for police may seize the vehicle. A motor vehicle seized immediately following the offence being committed can be kept until the court deals with the offence or for a maximum of three months for a first offender. In addition, following a person being convicted, the court can order that the motor vehicle be impounded for a maximum of three months for a first offence. Repeat offenders can have their vehicles forfeited to the territory.
Currently, police officers may only enter private property to seize a vehicle with the permission of the owner or occupier. ACT Policing have reported that people are refusing permission for police to enter the property in an attempt to frustrate the strict statutory time frames within which police must act to seize the vehicle.
This bill stops people seeking to avoid facing the proper punishment for their actions by removing the need for police to obtain permission from the owner or occupier to enter premises where the police are seeking to seize a vehicle used to commit the offence of failing to stop for police. Where a police officer has a reasonable belief the motor vehicle is located on the property, the officer may enter the property only for as long as necessary to seize the vehicle or alternatively to determine that the vehicle is not present. A police officer may not enter any building on the property other than a garage, shed or other structure where the police officer believes on reasonable grounds that the motor vehicle is located.
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