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Road Transport (Safety and Traffic Management) Amendment (Novice Drivers) Bill 2007

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About this Item
Speakers - Provest Mr Geoff; Judge Ms Virginia; Aplin Mr Greg; Hopwood Mrs Judy; Maguire Mr Daryl; George Mr Thomas; Daley Mr Michael
Business - Bill, Message, Agreement in Principle, Passing of the Bill, Motion


ROAD TRANSPORT (SAFETY AND TRAFFIC MANAGEMENT) AMENDMENT (NOVICE DRIVERS) BILL 2007
Page: 3571

Agreement in Principle

Debate resumed from 24 October 2007.

Mr GEOFF PROVEST (Tweed) [7.38 p.m.]: It gives me great pleasure to lead for the Opposition in debate on the Road Transport (Safety and Traffic Management) Amendment (Novice Drivers) Bill 2007. I thank the shadow Minister for Road Safety, the member for Coffs Harbour, for allowing me this opportunity. The bill is a mirror of the private member's bill that I introduced in July this year. The current anomalies in the New South Wales road safety legislation puts in danger the lives of both young interstate drivers and other users of our roads. As members of the House would be aware, my electorate is situated on the Queensland border and it neighbours Australia's fifth largest city, Gold Coast City. Naturally that results in a great deal of cross-border traffic.

It is estimated that about four million Queenslanders travel across the border and into the Tweed each year, while approximately 50,000 Queensland vehicles cross the border daily, and those figures are expected to grow substantially in the future. There is no doubt that P-plate drivers represent a large proportion of those figures. I am most concerned about the fact that for the past eight consecutive years the Tweed electorate has had the highest number of drink-driving offences per head of population than any other local area command in New South Wales—a clear indication of the existence of a drink-driving culture in my electorate.

This important issue first came to my attention when I was campaigning during the State election. Many members of the community and members of the New South Wales Police Association approached me because they were concerned that young drivers in Queensland with alcohol in their systems were legally permitted to drive across the border and use roads in the Tweed electorate. The general feeling amongst many of my constituents was that with such high levels of cross-border traffic and the existence of a legal loophole it was only a matter of time before lives would be needlessly lost on our roads. I am sure that all members are aware of the dangers associated with pairing novice drivers with alcohol. However, my concern about this issue grew significantly after the member for Albury, who is obviously concerned about his electorate, brought to my attention a recent incident in Albury which sets a dangerous precedent for interstate P-platers who are thinking about driving on New South Wales roads after having consumed alcohol.

Let us go back in history. In about November 2006 I contacted the New South Wales Minister for Roads, the Hon. Eric Roozendaal, and informed him of this anomaly. The Minister advised me that he would move to rectify this problem, that he would present the issue to Cabinet and that he would gain approval to introduce new legislation during the next session of Parliament. It has taken nearly a year for that to happen. I understand that back in 2005 my colleague the member for Ballina raised this issue with the former Minister for Roads, the Hon. Michael Costa. He received correspondence to the effect that action would be taken as soon as the Parliament resumed, but the New South Wales Labor Government took no action to get rid of this loophole. New South Wales, and in particular, my electorate of Tweed, requires current road safety legislation to be amended for a number of reasons.

A zero alcohol limit must be imposed on interstate drivers to ensure that they do not endanger their lives or the lives of others, and police officers in New South Wales must have the power to deal with interstate P-platers who choose to ignore existing limits on blood alcohol levels. I am 100 per cent for the Tweed but I am extremely concerned that other issues in the Road Safety Act 2004 have not been addressed in this legislation, which mirrors the original legislation that I introduced. A number of issues have been brought to my attention by an efficient team in the Parliamentary Library, which are as follows:
      In 2005, the NSW Government introduced amendments to impose certain new conditions on provisional licence holders ...
Imposes a condition on provisional licence holders to prevent them from driving certain high performance vehicles;

Imposes a condition on provisional licences issued after a licence disqualification to prevent the holder from carrying more than one passenger for 12 months.
      These new conditions are expressed to apply to the holders of provisional licences issued by the NSW RTA. Accordingly, they do not apply to interstate provisional licence holders.

On 20 December 2006, after the Minister for Roads, the Hon. Eric Roozendaal, made that announcement, he said on ABC radio, "The legislation to close this loophole will be introduced in this Parliament as soon as possible." I was informed of other recent changes in 2007 in the following terms:
      The Road Transport (Driver Licensing) Amendment (Novice Drivers) Regulation 2007:

Imposes a condition requiring the display of P-plates on the outside of vehicles;

Imposes a condition on provisional P1 licence holders under the age of 25 to prevent them from driving a vehicle between 11pm and 5am with more than one passenger (other than the driver) who is under 21 years of age; and

Increases the number of demerit points for the holder of provisional P1 licence who drives a vehicle not more than 30km/h in excess of applicable speed limits so as to enable the RTA to suspend or cancel the licence.

This loophole should have been fixed in 2005. We are now almost at the end of 2007 and it has not yet been fixed. By the time this law is gazetted we will be well over the festive season. I am concerned in particular about young interstate drivers and other road users. The following statement also appears in the advice that I received from the Parliamentary Library:
      The Road Transport (Safety and Traffic Management) (Road Rules) Amendment (Novice Drivers) Regulation 2007 creates an offence for the driver of a vehicle who is the holder of a provisional P1 licence holder to use a mobile phone, whether or not held in the hand, while the vehicle is moving or is stationary but not parked.

      The 2007 laws are expressed to apply to the holders of provisional licences.

The Coalition does not oppose this legislation. Some time ago Queensland, Victoria and Tasmania removed the anomalies relating to cross-border issues. Unfortunately, South Australia and the Northern Territory still have to do so. I refer to an article that appeared in the Sydney Morning Herald in December 2006 that clearly states, "NSW left behind on P-plate reforms"—a reflection of the inaction of this Sydney-centric Labor Government. It is not aware of the impact that its driving laws are having on cross-border areas. Those laws are costing lives and causing the police a great deal of inconvenience and frustration. I am 100 per cent for the Tweed, but I will continue to draw attention to a cross-border issue that is of major concern in the Tweed electorate.

Ms VIRGINIA JUDGE (Strathfield—Parliamentary Secretary) [7.47 p.m.]: I support the Road Transport (Safety and Traffic Management) Amendment (Novice Drivers) Bill 2007 and commend the Minister, his ministerial staff, and his departmental staff for all their hard work in preparing and introducing this legislation. The overview of this bill is as follows:
      The object of this Bill is to amend the Road Transport (Safety and Traffic Management) Act 1999 (the principal Act):

(a) to extend the requirement for a zero prescribed concentration of alcohol (PCA) for drivers holding an Australian learner licence or a New South Wales provisional licence to visiting drivers holding an overseas learner licence or an interstate or overseas provisional licence (or equivalent), and

(b) to extend certain offences relating to alcohol and other drug use, that are currently directed at the holders of a New South Wales full driver licence who are supervising drivers holding an Australian learner licence, to visiting drivers holding an interstate or overseas full driver licence and to the supervision of visiting drivers holding an overseas learner licence (or equivalent), and.

(c) to make other minor, consequential and ancillary amendments.

The Iemma Government is profoundly committed to improving safety on our roads and, in particular, the safety of our young drivers. Currently I am hosting the screening of a film in the Parliamentary Theatrette—a film that a number of my colleagues have just viewed—that depicts a group of young people growing up in the west of Sydney. That film is a social commentary about the issues facing adolescents as they grow up and the choices that they have to make. Sadly, sometimes our wonderful youth do not make choices that protect their lives or enable them to achieve their full potential or develop their inherent and unique talents.

A number of the scenes involved the driving of vehicles under the influence of alcohol. One could see very starkly the tragic effects of that accident. The movie is called West and will be released on DVD soon. I had the honour of attending the opening night of the movie at the State Theatre about eight weeks ago. The writer-director, Dan Krige, with producer Anne Robinson, who was here tonight, actually based many of the incidents on things he experienced not personally but saw around him through living in the west of Sydney. It is quite a confronting but fantastic film in that it highlights some of the tragedies of substance abuse or misuse through alcohol and drugs.

Returning to the bill, the New South Wales State Plan includes a reduction in the road toll as one of its priorities. This bill strengthens our State Plan commitment by ensuring that all visiting interstate and overseas learner and provisional drivers are subject, as they should be, to the same zero alcohol limits that apply to our own novice drivers. Prior to 2004 the blood alcohol content limit for learner and provisional licence drivers in New South Wales was 0.02. Even though this was already a lower limit than for unrestricted licence holders, it was found that a zero blood alcohol limit was even more effective. One of the reasons for this is that many younger drivers are not aware of how their body reacts to alcohol and think that they can have a few drinks and it will not matter because they can still be under the legal limit.

The zero alcohol limit sends a very strong and clear message that drinking and driving will not be tolerated in this premier State of New South Wales. With a zero limit the message is clear that no alcohol should be consumed—not one drop—and that alcohol and driving do not mix. Novice drivers are at a greater risk than other drivers, as their driving skills are not yet fully developed. Research has shown that the effects of alcohol are stronger on skills that are not highly practised. Since New South Wales introduced a zero limit, most other States and Territories have introduced a similar measure for their novice drivers. Only the Australian Capital Territory and Western Australia have a 0.02 alcohol limit, and I understand Western Australia has proposed to move to a zero limit in the near future.

This bill ensures that a learner or provisional driver from any jurisdiction, not just from New South Wales, has to obey the zero alcohol limit on our roads. This is an important step towards improving safety on our roads. However, these laws go further than simply ensuring novice drivers visiting from interstate do not drink and drive. It ensures also that people with the overseas equivalent of our learner and provisional licences also are required to have a zero blood alcohol content when getting behind the wheel of a motor vehicle.

Importantly, this bill ensures that those who are supervising a learner driver also are subjected to these laws. Much has been done in recent years to reduce our road toll and to ensure that our roads are safer. With alcohol being a major factor in road accidents, every possible measure should and must be taken to get drink drivers off our roads. The 2004 reforms to ensure that novice drivers have no alcohol at all in their system were an important step in achieving this. This bill builds on those reforms by ensuring that every novice driver on our roads keeps to an absolute zero limit. This bill strengthens the Iemma Government's commitment to improving the safety of our young drivers. I commend the bill to the House.

Mr GREG APLIN (Albury) [7.54 p.m.]: Since 2004 a zero alcohol limit has been enforced for provisional drivers in New South Wales. This legislation was supposed to send a clear and strong message to new drivers that alcohol and driving do not mix. So why has the New South Wales Government allowed P-platers from interstate to drink and drive on our roads for so long? The Road Transport (Safety and Traffic Management) Amendment (Novice Drivers) Bill 2007 has only just been introduced to resolve a dangerous anomaly that the Government has been aware of for a long time. New South Wales' legislation currently allows provisional drivers with interstate licences to drive with a blood alcohol limit of 0.05 in New South Wales. This applies even to drivers who have a zero tolerance limit in their own State.

In May this year a 20-year-old Melbourne man was charged, after being caught driving in Albury, with a blood alcohol reading of 0.02. He was subsequently disqualified for six months and fined $400, but the case was reopened in the Albury Local Court, the conviction annulled and the sentence quashed. The charge of driving with the special range prescribed concentration of alcohol had to be withdrawn by the police because the zero blood alcohol level limit for provisional drivers did not apply to him in New South Wales. If he had been driving in Victoria, the conviction would have been upheld. What kind of message has New South Wales been sending to our young P-platers when it has been permitting the same category drivers from other States to have a blood alcohol level of 0.05 in New South Wales?

Earlier this year in south-western Sydney a 21-year-old woman was critically injured after a car driven by a 19-year-old P-plate driver hit a power pole. The driver recorded a blood alcohol reading of 0.03 and was charged subsequently with driving with a special range blood alcohol concentration. If the P-plate driver was holding a Victorian licence, no charge could have been laid as it would have been thrown out of court. This has been confusing our drivers and it is dangerous for New South Wales road users. Drink driving is a crime and needs to be dealt with. We cannot afford to get it wrong when it comes to young drivers. A 17-year-old driver with a P1 licence is four times more likely to be involved in a fatal crash than a driver over 26 years old and, despite making up only 15 per cent of drivers, young drivers represent around 36 per cent of annual road fatalities. Furthermore, drink driving is a factor in around 20 per cent of all fatal crashes across New South Wales and results in the deaths of over 100 people each year.

The zero alcohol limit is supposed to protect young and vulnerable drivers on our roads from the effects of alcohol and the danger and trauma caused by drink-driving crashes. Provisional drivers have much lower skills than experienced drivers, which make them more susceptible to the impairing effects of alcohol and they also are more likely than experienced drivers to take greater risks when driving. This is why the enforcement of zero tolerance for P-platers is critical to the safety of our roads. A strong message needs to be sent to all P-platers in New South Wales and across the country that driving and drinking do not mix. New South Wales has allowed interstate P-platers to drive in New South Wales with the highest blood alcohol rate allowed in the country whilst it has enforced zero tolerance on New South Wales P-platers. This has sent confusing and ambiguous messages about safe driving and has set dangerous double standards for our provisional drivers in New South Wales.

Problems have arisen particularly in border towns where P-platers have had the easy opportunity to drive a kilometre or two into New South Wales and drive legally with alcohol in their system, as long as they stay on our side of the border and they sober up before returning to their home State. This has been an unacceptable risk, especially in country areas of New South Wales where there are more than twice as many fatal drink-driving crashes than in metropolitan areas, despite country areas having much smaller populations. In fact 72 per cent of all fatal drink-drive crashes occur in country New South Wales. Combined with the high rate of crashes involving P-platers, we cannot afford to have loopholes like this that can endanger the lives of so many people. It is also patently unfair and plain stupid. Of the States that have imposed a prohibition on P-platers driving with alcohol in their blood, New South Wales has lagged behind most when it comes to uniform legislation.

In Queensland the prohibition of drivers with a blood alcohol limit applies to any person who has not attained the age of 25 years and who is the holder of a provisional licence. It states that the provisional licence includes a licence, permit, certificate or other authority issued under a law of another State, the Commonwealth or another country that corresponds to a provisional licence. In Victoria, the prohibition applies to any person who is driving or in charge of a motor vehicle without holding a full driver licence, and specifies that this does not preclude the holder of a provisional licence issued by another State. In Tasmania, the prohibition applies to a person who holds a learner licence, a provisional licence or an equivalent licence issued under the law of another Australian jurisdiction.

This is a ludicrous situation for a very serious issue: the New South Wales Government has failed to protect our drivers for too long. The Government promised last year that something would be done. It promised that legislation would be amended as soon as possible. Yet it is only now, late in 2007, that the Government has moved to fix the problem, after prompting from the members for Ballina, Tweed and Albury. On becoming aware of the issue, I immediately wrote to the Minister for Roads in May this year drawing his attention to the anomaly under the Road Transport (Safety and Traffic Management) Act 1999 and asking for urgent action. I received acknowledgment of my letter and was advised that a response would be provided as soon as possible. That was the end of May. At the same time the Riverina's magistrates co-ordinator said the loophole needed to be rectified as quickly as possible and the Albury magistrate said the anomaly in the legislation for visiting drivers was clearly inconsistent with the aims of Parliament in both Victoria and New South Wales.

The New South Wales Government should have taken this matter seriously and acted immediately. Whilst dangerous messages have been sent to P-platers, angst and confusion has been rife in the police force and lives have been put at risk needlessly. The New South Wales Government has failed to act for years despite being aware of an incident on the Queensland-New South Wales border in 2005. The New South Wales Government's proposal to amend the anomaly is a belated act, which had to be prompted by the introduction of a private member's bill from the member for Tweed. The Government failed to fix this problem when it arose, and because of its inaction lives in New South Wales have been needlessly put at risk. One would hope that this was simply an oversight by the New South Wales Government. However, it has shown it is, in fact, incompetence coupled with complete disregard for rural New South Wales.

Whilst the Government knew that this legislation was causing major concern in border towns, it repeated the same mistake. It continued to make legislation for P-platers that did not extend to interstate drivers. This legislation again set dangerous double standards and caused further confusion for P-platers. The Government, no doubt with well-meaning intentions, introduced more restrictions for P-platers this year: the restrictions included P-platers in New South Wales having to clearly display plates on the outside of their cars, a curfew on passenger numbers for provisional drivers, and the loss of licence for P-platers caught speeding. These restrictions were introduced for safety on our roads and for our inexperienced drivers. However, what is the point when the restrictions are applied only to drivers holding New South Wales' licences? This legislation still allows interstate P-platers to drive in New South Wales without the same safety restrictions that apply to New South Wales' drivers.

This is a further indication of the Government's incompetence and failure to take road safety seriously. Whilst it has made a belated attempt to fix the problem in relation to P-platers drinking and driving in New South Wales, it has once again repeated its half-hearted approach to safety on our roads. Once again the Government has failed to include interstate provisional drivers in its road safety legislation; its disregard for border towns, rural communities and driver safety is unacceptable. This anomaly has resulted from incomplete and inadequate legislation, and it has been a significant oversight—a dangerous one on the part of the New South Wales Government. The Government should have had the foresight to rectify the anomaly much earlier than now as this bill is critical to the safety of our roads and is long overdue.

Mrs JUDY HOPWOOD (Hornsby) [8.03 p.m.]: I make a brief contribution to this very important piece of legislation, the Road Transport (Safety and Traffic Management) Amendment (Novice Drivers) Bill 2007. I will not repeat what other members have said in their contributions. The object of the bill is to amend the Road Transport (Safety and Traffic Management) Act 1999 to extend the requirement for a zero prescribed concentration of alcohol for drivers holding an Australian learner licence or a New South Wales provisional licence to visiting drivers holding an overseas learner licence or an interstate or overseas provisional licence, or equivalent, and to extend certain offences relating to alcohol and other drug use, that are currently directed at the holders of a New South Wales full driver licence who are supervising drivers holding an Australian learner licence, to visiting drivers holding an interstate or overseas full driver licence and to the supervision of visiting drivers holding an overseas learner licence.

Our young novice drivers are most vulnerable and this Act is very overdue in relation to addressing the safety of not only drivers holding a provisional licence who are prohibited in their own States from coming across the border and being able to consume alcohol and drive, but also the safety of other drivers sharing the road with novice drivers who do not have the skills of more experienced drivers. It is very important to protect our young people as much as possible and to make legislation that is fair and sensible in relation to their safety.

I have held a number of young driver forums in my electorate and they have been extremely well attended. John Cadogan, the writer for Wheels magazine, was the master of ceremonies and provided a lot of valuable information on the current rules that apply and on the Roads and Traffic Authority, and told of the frustrations he feels in certain areas. I believe this incongruence would be one of his frustrations, and it is long overdue for correction. The legislation aims to ensure that all visiting interstate and overseas learner provisional drivers are subject to the same zero alcohol limits that apply to New South Wales' novice drivers. The proposed legislation will need certain additions to bring it into line with other restrictions that our P-platers currently have, but it goes some way to tidying up years and years of neglect by the Government in relation to the fact that interstate novice drivers in particular can consume alcohol.

The member for Strathfield hosted the film West in the theatrette this evening. It is a very disturbing film that depicts alcohol and substance abuse, and risk taking. It brings into mind that not only are young people indulging in risk-taking behaviour and risking their own lives but they are also risking the lives of other people. I pay tribute to the member for Tweed who recently introduced a private member's bill, the Road Transport (Safety and Traffic Management) Amendment (Alcohol) Bill 2007. He had the foresight to try to do something about young people consuming alcohol and taking risks when driving. This bill has obviously overtaken his proposed legislation. But certainly his private member's bill was the prelude to the introduction of this bill. The member for Tweed must be congratulated on the fact that the Government has taken his warnings very seriously.

Mr DARYL MAGUIRE (Wagga Wagga) [8.07 p.m.]: I make a contribution to the Road Transport (Safety and Traffic Management) Amendment (Novice Drivers) Bill 2007. I commend the member for Tweed for his initiative in bringing forward his Road Transport (Safety and Traffic Management) Amendment (Alcohol) Bill, which is still on the Business Paper listed as item No. 4 under General Business. His bill, with the addition of a few words, has been mirrored by the Government's bill. I commend the member for Tweed for firstly bringing the Government kicking and screaming to the lectern with legislation that should have been in this place well and truly before he gave his notice of his motion and, consequently, introduced the bill, which he explained in a manner we could all understand. I congratulate the member for Tweed because I suspect that as a result of his actions and the speech he made this evening, the Government will introduce more legislation to plug gaping holes in legislation.

I draw to the attention of the House the importance of information in the context of implementation of this bill. I foreshadow that this bill will be supported by all members and passed by both Houses of this Parliament because it rightly represents removal of loopholes that, left unattended, may result in widespread and serious consequences. I ask the Parliamentary Secretary during his reply to outline how the Government will market the bill's message on the one hand to people who have been breaking the law and on the other hand to overseas visitors who may be caught by the legislation as an unintended consequence. Over the term I have been a member of this House, it has been pointed out many times that legislation can have unintended consequences.

Perhaps the Parliamentary Secretary and those assisting him in the preparation of his reply will advise members of the program that the Roads and Traffic Authority and other government agencies intend to implement to ensure that the message of this bill is loud and clear for drivers in border areas such as Albury, Murrumbidgee, Wagga Wagga and other areas that have a State border. Wagga Wagga shares a border with the Australian Capital Territory, Albury is contiguous with Wodonga and shares a border with Victoria, the Tweed shares a border with Queensland and Broken Hill in the Murray-Darling electorate shares a border with South Australia. I hope that all drivers in those areas will be well and truly aware that in the near future this legislation will apply provide dire consequences for those who flout loopholes in the law. If implementation of this legislation is to be taken up by a ministerial council, I ask the Parliamentary Secretary to outline how the Government intends to ensure that the message of this bill is broadcast widely.

When the Assistant-Speaker, Mr McBride, was chairman of the Staysafe committee, the committee visited that the Wagga Wagga electorate and subsequently a major upgrading of a dangerous intersection by the local council and the Roads and Traffic Authority was achieved. I am confident that the Assistant-Speaker and other members who have served on the Staysafe committee fully understand the consequences of drink-driving and legislative loopholes that are being exploited. I am sure that the Assistant-Speaker understands, as I do, the effect of unintended consequences that arise when inadequate implementation efforts result in shortcomings. It is our duty as members of Parliament to ensure that the message of this legislation is received loud and clear and that drivers receive warnings of the closure of loopholes regarding the prescribed concentration of alcohol for young drivers and supervising drivers. People must be made aware that the Parliament will not tolerate irresponsible behaviour. People must also be made aware that driving is an absolute privilege, not a right.

In common with most members in the Chamber and most advisers, I have young drivers in my family. As a parent, my biggest worry is ensuring that young drivers travel safely from A to B, particularly at night, and that they return home safely. I acknowledge that increased safety is the primary object of this legislation. On the proviso that the Government will ensure that its responsibilities for the proper implementation of this legislation are fulfilled, the Opposition will not oppose the bill. The Government has a responsibility to ensure that the Queensland, Victorian, Northern Territory, Australian Capital Territory, Tasmanian, South Australia and Western Australia governments communicate directly with young and novice drivers to ensure that the message gets through. All young drivers and novice drivers should know that the New South Wales Government is closing loopholes and that drink-driving will not be tolerated. They should also know that bipartisan road safety laws passed by the New South Wales Parliament are based on the firm intentions of reducing the road toll, which currently is far too high, and bringing young drivers home safely.

It is commendable that the member for Hornsby and the member for Albury informed the House of tragic road accidents involving their constituents, but unless the Government takes positive action to implement road safety legislation properly and thoroughly and to ensure that every measure is taken to have legislation understood, abided by and enforced, there is no point in debating the issues in this Chamber. I hope the Parliamentary Secretary will address in his reply the issues I have raised because I believe all members of this House are interested in knowing the Government's proposals for implementation and funding that will be directed to delivering the message of this legislation loud and clear to people who would otherwise break the law, either intentionally or unintentionally.

Mr THOMAS GEORGE (Lismore) [8.15 p.m.]: At the outset of my contribution to debate on the Road Transport (Safety and Traffic Management) Amendment (Novice Drivers) Bill 2007, I endorse the comments made by other Opposition members. This legislation is relevant to my electorate because the cross-border issues that the member for Tweed sought to address affect my electorate. I pay tribute to the member for Tweed because within weeks of being a member of the House he brought forward this issue. I am pleased to note that the Government has partly adopted the legislation he introduced, the Transport (Safety and Traffic Management) Amendment (Alcohol) Bill.

Most members of the House would be aware of road accident tragedies involving young drivers in the Lismore electorate. Recently the first anniversary was marked of the occasion when four young people from the Everleigh, Wells, New and Morris families lost their lives. I know that the community was in anguish over the deaths of those four young people. Over the past few weeks the Lismore community has extended sincere sympathy to those families, who suffered a terrible tragedy resulting in four lovely young people losing their lives. Whatever we as members of Parliament can do to prevent similar tragedies should be done to ensure that young people live to claim their future.

Legislation to regulate cross-border road rules should be tightened. Although this bill does not go far enough in addressing the issues raised by the member for Tweed in his bill and elsewhere, out of respect for the grief of families affected by road accidents involving young people and sympathy for those families, the Opposition will not oppose the bill. Every member of this House would do everything possible to spare families having to face such a tragedy, including the offer of bipartisan support for bills that seek to prevent future tragedies. A lack of uniformity in legislation applying to cross-border areas should not exist. It is up to people such as the member for Tweed, the member for Albury and me to ensure this Parliament enacts legislation addressing the need for uniform provisions in cross-border areas. While sadly the Government has not gone far enough with this legislation, I am nevertheless pleased to have had the opportunity to express my thoughts on this bill.

Mr MICHAEL DALEY (Maroubra—Parliamentary Secretary) [8.20 p.m.], in reply: I thank the members for Tweed, Strathfield, Albury, Hornsby, Wagga Wagga and Lismore for their contributions to this important debate. As a number of members have said, we are united in our desire to see our young people who embark on journeys return home safely. That goal is certainly above politics. Despite some indications to the contrary this evening, the Government has an excellent record in enacting legislation and pursuing community programs—particularly information programs—designed to protect our young people on the road. One need look no further for confirmation of that than the recent so-called "pinkie" campaign, which has been very successful in encouraging young drivers to slow down.

This Government has implemented other measures, including zero tolerance of P-plate and learner drivers using mobile phones. Drug testing of drivers also is aimed squarely at young people. As I said, the New South Wales Government has an excellent record in this regard. The member for Wagga Wagga asked what information measures the Government will implement to ensure that drivers from other States know about this new law. The member has been in this place and observed this Government for long enough to know that its community dissemination campaigns are comprehensive. The "pinkie" campaign further enforces that message.

The purpose of this bill is to ensure that all visiting interstate and overseas learner and provisional drivers are subject to the same zero-alcohol limits that apply to novice New South Wales drivers. This builds on the Government's commitment to improving road safety, particularly the safety of young drivers. With this bill the Iemma Government is sending a strong message to all novice drivers that drinking and driving will not be tolerated in New South Wales. As members are aware, the member for Tweed recently introduced the Transport (Safety and Traffic Management) Amendment (Alcohol) Bill 2007. While the intent is generally laudable, that private member's bill cannot be supported for a variety of reasons. Despite indications to the contrary by members opposite, it fails to capture all novice licences issued by other jurisdictions. It also fails to capture drivers holding equivalent provisional and learner licences issued overseas and does not deal with legal alcohol limits for supervisors of learner drivers.
The New South Wales Government introduced legislation in 2004 to reduce the legal blood alcohol limit to zero for holders of learner and provisional licences. That legislation sent a clear message to young drivers that drinking and driving do not mix. Visiting novice drivers were not included in the new provisions because of the varying blood alcohol limits in different Australian jurisdictions. Since that time other States and Territories have introduced or have begun the process of introducing a zero-alcohol limit for novice drivers. This bill further strengthens the Iemma Government's commitment to improving the safety of young drivers in New South Wales, and I am proud to commend it to the House.

Question—That this bill be now agreed to in principle—put and resolved in the affirmative.

Motion agreed to.

Bill agreed to in principle.

Passing of the Bill

Bill declared passed and transmitted to the Legislative Council with a message seeking its concurrence in the bill.


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