Parliamentary Speeches
Drivers Licence Demerit Points ( 25/09/2008)
Mr DONALD PAGE (Ballina) [6.37 p.m.]: I bring to the attention of the House problems with road safety legislation as it affects my constituents who appear before the courts. Several of my constituents have complained that in some cases the current legislation gives the Roads and Traffic Authority more powers than our courts. This occurs when it comes to the loss of drivers licences as a result of the accumulation of demerit points. Whilst I strongly encourage good driver behaviour, and believe in the need to enforce road rules for the safety of the community, there are some instances where inconsistencies in the law causes hardship for drivers, particularly those in country areas—I refer to traffic infringements and the incurrence of demerit points.
Drivers who accumulate a maximum of 12 demerit points have their licence suspended. Drivers currently have a right of appeal through the court system regarding the offence, but there is no avenue for appeal to remove demerit points through the Roads and Traffic Authority. Drivers who dispute a traffic offence have the right to take the matter to court. A magistrate will look at the offence and the driver's record, take into account the circumstances surrounding the offence and the driving history of the motorist, as well as the work and personal commitments important to the driver. Even if a magistrate decides to dismiss proceedings, or finds an offence proved but does not convict or impose a penalty, there is no way for drivers to have the demerit points removed from their licence by the Roads and Traffic Authority. In many cases the accumulation of demerit points means the loss of their drivers licence. There is no right of appeal for people on open licences.
Motorists with long driving histories are often faced with an automatic suspension of their drivers licence. The legislation as it currently stands means that the automatic accrual of demerit points cannot be revoked, regardless of the outcome of court proceedings. In other words, even if the magistrate says no penalty by way of a fine should occur, the demerit points remain. This often leads to the loss of a drivers licence. This causes serious hardship in country areas, where public transport is virtually non-existent. People, who are often the sole income earners in their family, struggle to get to work. Our courts give offenders the chance to explain their situations but for the Roads and Traffic Authority it is black and white. There is no room to examine the individual circumstances surrounding an offence.
I reiterate that I am very concerned about road safety as my electorate takes in the dangerous Pacific Highway. During my time in Parliament too many deaths and tragedies have occurred on that road and others in the Far North Coast. I am a strong advocate for road safety. I believe that we need a system of fines and demerit points to encourage drivers to obey road rules. However, I accept that sometimes there are mitigating circumstances surrounding some offences and the punishment in the legislation can create extreme hardship and stress to drivers who may otherwise have exceptional driving records.
As I said, the legislation as it stands gives the Roads and Traffic Authority more power than the courts. The Hon. Jeff Linden, the magistrate officiating in some courts on the Far North Coast, wrote to me and pointed out that the anomalies and the contradictions in the legislation cause hardship and, in some cases, catastrophic results for some drivers, particularly those in the country. Magistrate Linden said that he is not an apologist for people who breach traffic laws, but on a daily basis average people in his court are being severely punished in a manner that does not befit the traffic breach. Of course we need laws that discourage people from speeding and driving dangerously, but we also need a fair system.
Our courts provide people with a right of appeal. Our court system enables a magistrate to examine the circumstances surrounding an offence. Our court system enables a magistrate to look closely at the impact of that offence on an individual or a family, and to decide whether or not the punishment fits the crime. Currently, the Roads and Traffic Authority has the power to override the court system. Regardless of the decision of a magistrate, once the Roads and Traffic Authority has allocated demerit points to a driver, they cannot be removed even if the magistrate rules that there will be no penalty by way of fine. That is not a fair or equitable system.
I ask the Minister to conduct a review into the legislation with a view to implementing changes that focus on road safety while restoring equity to the legal system by taking away from the Roads and Traffic Authority the power to overrule the courts. If a magistrate, having considered all the circumstances surrounding a particular offence, decides that there should be no penalty, that should be the end of it. As the law stands, even though the magistrate says that there is no penalty, the Roads and Traffic Authority still adds the relevant demerit points. In my view, that is totally inappropriate if the principles of natural justice—and justice in general—are to be served.
