Northern Territory Second Reading Speeches

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TRAFFIC AMENDMENT BILL (NO. 3) 2003

TRAFFIC AMENDMENT BILL (No 3)
(Serial 200)

Bill presented and read a first time.

Mr VATSKALIS (Transport and Infrastructure): Madam Speaker, I move that the bill be now read a second time.

All members would be aware of the increasing community concerns and annoyance in relation to antisocial driving behaviour, commonly referred to as ‘hooning’. Hooning activities primarily involve young people illegally racing their vehicles on public streets or participating in burn-out displays placing themselves, their passengers, spectators and other road users at risk or serious injury. The Martin government has had many representations from members of the community asking the government to do something that will address antisocial driving behaviours.

The member for Nelson, Mr Gerry Wood, introduced a Private Members Bill in the February 2003 Legislative Assembly sittings to address hooning behaviour. This bill is an extension of the member’s proposals and has been developed in close consultation with the police and relates only to the use of motor vehicles on roads or public places. In addressing the issue, the government has taken a responsible approach by developing balanced legislation that specifically addresses hooning behaviour. However, it has failed because punitive action can only be taken through the judicial process.
The practice of hooning not only causes annoyance to the community. It is a downright dangerous practice that has potentially disastrous outcomes in terms of serious injury or loss of life to those involved and innocent bystanders.

Young drivers are at significantly greater risk of being involved in a road crash in the Northern Territory, and this risk is compounded when young people are combined with high powered vehicles and high risk activities such as street racing on a road or in a public place. It is important to note that we are not talking about organised off-street events held at racetracks or the like. The practice of hotting up cars and racing is not new and has probably been going on for the last 50 years.

However, cars and technologies have advanced greatly. The vehicles nowadays are tuned by laptops and [inaudible]. The cars are not necessarily big V8s. Small 4 cylinder cars can be modified and tuned to reach extreme speeds. The more mildly modified cars can reach speeds of about 140 kilometres per hour over a quarter mile. When the fully worked vehicles come out, it becomes truly scary. These cars immediately reach speeds of more than 200 kilometres per hour. Speeds of this magnitude may be okay on the race tracks in a controlled environment, however out in a public street, the story is different. Police advise most accidents occur when innocent people pull out of a car park or side street, unaware of the oncoming races or their speed.

I certainly would not want my children riding with young inexperienced drivers at these speeds, and I am sure most parents in the community would agree with me. The unlawful races are highly organised and they use latest technology to set up meetings, issue challenges and avoid law enforcement.

Current laws provide powers for police to issue infringement notices for creating undue noise or careless driving and, for more serious offences, they charge offenders with dangerous driving or driving at dangerous speeds. However, the existing penalties appear to have provided deterrence.

I will address the major features and powers for police contained in this bill. For a first offence of hooning behaviour, police can issue an infringement notice. The issue of an infringement notice will be taken on the finding of guilt by court. In subsequent hooning offences, offenders can be brought before a court, which will result in further convictions being recorded against an offender.

When a second conviction has been recorded, the court can make an order to take the offender’s vehicle for 48 hours. For a third conviction, the court can make an order to have the offender’s vehicle impounded for up to three months. For a fourth conviction, the court can make an order to have the offender’s vehicle forfeited to the Territory. If the court is satisfied that impounding or forfeiting the vehicle to the Territory will cause severe financial or physical hardship to the owner or the usual driver, the court can order that the vehicle be returned to the owner or usual driver and can impose such conditions that the court considers appropriate.

The amendments will result in the establishment of a new part of the Traffic Act, for the enforcement of antisocial driving behaviour and vehicle use; prescribed offences in the Traffic Act and regulations to address antisocial driving behaviour and vehicle use including organising, promoting, participating in and attending street racing and driving in a reckless manner such as doing burnouts; and prescribed offences for damaging or causing [inaudible] to form on the road or in public places such as parks and nature strips. This offence in line with the concerns expressed by Mr Wood in his second reading speech for his Private Member’s Bill introduced in February 2003.

The proposed amendments will allow police to issue an infringement notice and impound the vehicle only after the second occurrence and only on application to the court. The bill protects people whose vehicle have been stolen, are rental cars, owned by finance companies or otherwise have an interest in the vehicle. However, such persons must satisfy the court that the offence was committed without their knowledge or consent. If the owner of the vehicle had knowledge of the offence, or it was committed with their consent, there is no protection.

The bill also provides the full financial responsibility for the towing, storing and impounding the vehicle lies with the offender. The police do not wish to assume responsibility or liability for collecting or looking after impounded vehicles. In this respect, it is intended that the police appoint a commercial tow truck operator on a period contract to manage the process, including collecting the vehicle, storing the vehicle and collecting fees for storing the vehicle and disposing of the vehicle should it reach that level of seriousness.

The proceeds for the eventual sale of the vehicle are to go to the Territory, following the allocation of funds for the cost of selling the vehicle. This includes storage and handling costs, and any amount owing to a third party for the security interest in the vehicle.

The bill includes a requirement for a review of the first five years of operation of the legislation. The bill also clarifies the current regulation making powers contained in the Traffic Act, and excludes section 38 – driving at dangerous speed, from being a regulatory offence. This offence is considered serious.

This bill is about preserving the rights of Territorians to move safely and freely about the community, without being harassed or put at risk by the life-endangering actions of a small few, and also we tolerate our open-air lifestyle being constantly disrupted by these antisocial activities. Madam Speaker, I commend the bill to honourable members.

Debate adjourned.

 

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