Transport Legislation (Road Safety and Other Matters) Amendment Bill 2019
Plain English Summary
Overview
This bill makes a wide range of amendments to Queensland transport legislation, with a primary focus on road safety. It strengthens drink driving laws by expanding the Alcohol Ignition Interlock Program to mid-range offenders and introducing mandatory education programs. It also improves speed camera enforcement on roads with multiple speed limits and extends alcohol and drug testing to people who dangerously interfere with vehicle operation.
Who it affects
Drink driving offenders face tougher requirements including a longer interlock period and mandatory education. All road users are affected by expanded speed camera enforcement. Entities responding to marine pollution incidents benefit from streamlined cost recovery.
Drink driving reforms
The Alcohol Ignition Interlock Program is expanded to cover mid-range drink drivers and the interlock period is extended from 2 to 5 years. Two new mandatory education programs are introduced: a one-hour online course for first-time offenders and an intensive face-to-face program for repeat offenders. The interlock program becomes performance-based, with automatic extensions if participants fail to separate drinking from driving.
- Mid-range drink driving offenders (BAC 0.10-0.149) must now participate in the Interlock Program
- Interlock period extended from 2 to 5 years, with performance-based completion
- New Brief Intervention Education Program (one-hour online, $10) required before regaining a licence
- New Repeat Offender Education Program (intensive face-to-face) required for repeat offenders within 5 years
- Automatic interlock period extensions if a participant blows positive in their final 4 months
Speed camera enforcement
Point-to-point speed cameras can now be deployed on roads with multiple speed limits, such as managed motorways and roadwork zones. The system uses the highest or average speed limit for the stretch of road. Mobile speed cameras can now enforce variable speed limit signs.
- Point-to-point cameras can operate on roads with multiple speed limits using the highest or average speed limit
- Mobile speed cameras can enforce variable speed limit signs on managed motorways
- Average speed limit calculated using a distance-weighted formula based on NSW legislation
Vehicle interference and dangerous goods
People suspected of dangerously interfering with a vehicle (such as a passenger grabbing the steering wheel) can now be breath and drug tested. Evidentiary provisions for dangerous goods in tunnels are strengthened to support camera enforcement.
- Breath and drug testing extended to people suspected of dangerously interfering with vehicle operation
- Failing to provide a specimen carries up to 40 penalty units or 6 months imprisonment
- Stronger evidence rules for prosecuting dangerous goods offences in tunnels
Marine pollution cost recovery
The State can now recover marine pollution response costs on behalf of local governments, Commonwealth entities, and other bodies that assist under the Queensland Coastal Contingency Action Plan, not just port authorities.
- State can recover costs on behalf of local governments and Commonwealth entities that respond to marine pollution
- Broader definition of 'prescribed entity' replaces specific references to port authorities and operators
Administrative and process improvements
A range of technical changes streamline enforcement and administrative processes, including online nominations for camera offences, automatic interstate licence cancellations, and restructured evidentiary provisions.
- Online nominations for camera-detected offences replace statutory declarations, with up to 2 years imprisonment for false nominations
- Queensland licences automatically cancelled when a person is disqualified interstate
- Internal review required before QCAT for driver licensing decisions
- Ancillary works and encroachments definition broadened for state-controlled roads
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee13 Feb 2019View Hansard
Referred to Transport and Public Works Committee
The Transport and Public Works Committee examined the bill and recommended it be passed. The bill focused on drink driving reforms, including a performance-based Interlock Program requiring drivers to demonstrate they have separated drinking from driving, and the introduction of point-to-point speed camera systems. The committee also recommended that the summation symbol used in an average speed calculation formula be defined in the legislation, but the government did not support this recommendation, arguing that defining mathematical symbols in law could create risks of misinterpretation.
Key findings (5)
- The bill proposed enhancing the alcohol Interlock Program with a performance-based approach, extending the interlock period from two to five years and requiring participants to demonstrate they had separated drinking from driving before the condition could be removed.
- The bill introduced point-to-point camera systems for speed enforcement on roads with varying speed limits, using a mathematical formula to calculate average speed limits.
- The committee raised a fundamental legislative principle concern about the use of the summation symbol in the average speed formula, recommending it be defined in the legislation for clarity.
- The government did not support the recommendation to define the summation symbol, advising that attempting to define mathematical symbols in legislation could create risks of misinterpretation and set an undesirable precedent.
- The bill also included amendments relating to dangerous goods transport exemptions and heavy vehicle inspection fees.
Recommendations (2)
- The committee recommends the Transport Legislation (Road Safety and Other Matters) Amendment Bill 2019 be passed.
- The committee recommends the Bill be amended to include a definition for the summation symbol in regard to the formula in clause 39.
Committee report tabled
▸Second Reading3 Sept 2019View Hansard
▸37 members spoke35 support2 mixed
Spoke in support of the bill, emphasising the importance of road safety education for young drivers, the work of school crossing supervisors, and road infrastructure investment in Townsville.
“The laws and the rules that we make today impact each and every driver but, more importantly, we have a number of future young drivers in our audience today.”— 2019-09-04View Hansard
As Minister for Transport, moved the second reading and outlined the bill's road safety reforms including expanded drink-driving interlock programs, education programs for offenders, and enhanced point-to-point speed camera enforcement.
“Mid-range drink-drivers account for more than a quarter of all offenders and have a crash risk 20 times greater than a driver who has not had a drink, and that is a shocking statistic.”— 2019-09-03View Hansard
Confirmed the LNP would not oppose the bill, supporting drink-driving reforms and the interlock program expansion, but raised concerns about point-to-point speed cameras on roads with multiple speed limits and enforcement at unattended roadworks.
“The LNP has and always will advocate for measures to make Queensland roads safer. Therefore, the LNP will not be opposing the bill.”— 2019-09-04View Hansard
Confirmed the LNP will support the bill, praising the drink-driving reforms and bipartisan approach to road safety, while questioning whether point-to-point speed cameras will be clearly signed and criticising Labor's covert camera placement policy.
“At the outset, I will state that the LNP will be supporting the Transport Legislation (Road Safety and Other Matters) Amendment Bill 2019.”— 2019-09-03View Hansard
Supported the bill, linking drink-driving reforms to local road safety improvements in the Logan electorate, and praised government investment in the Mount Lindesay Highway and Waterford-Tamborine Road.
“For so many of us road safety is not an academic issue. It is not one of statistics or counts. We feel it very viscerally every time a community member is hurt or killed on our local roads.”— 2019-09-04View Hansard
As committee chair, highlighted that the bill will enhance the interlock program, introduce education programs for drink-driving offenders, and allow point-to-point cameras on roads with multiple speed limits. Noted Queensland will be the first Australian jurisdiction to introduce these innovative approaches.
“I do not think anyone would fail to support this legislation when we are talking about drink-driving and the safety of people on our roads.”— 2019-09-03View Hansard
Supported road safety improvements but urged discretion on speed limits in rural areas, advocated for fixing the East Feluga Road and Bruce Highway intersection, and called for increased speed limits on some rural roads similar to the Northern Territory.
“In regard to road safety, I believe that we need to use our discretion. We cannot continue to say, 'All right. We will drop the speed limit to 80 kilometres an hour because there is a concern.' That concern has to be warranted.”— 2019-09-04View Hansard
As a committee member, shared personal experiences with road accidents and supported the bill's intent to reduce road trauma. Expressed some concerns about point-to-point cameras but supported the overall road safety measures.
“If we can do anything to stop the road tragedies, especially because of texting, then we should do it.”— 2019-09-03View Hansard
As Minister for Police, strongly supported the bill's drink-driving reforms, interlock program expansion, and point-to-point camera amendments, emphasising that road safety is everybody's business every day.
“The essential message is this: road safety is everybody's business, every day of every year.”— 2019-09-04View Hansard
Supported the bill's education programs for drink-driving offenders and expansion of the interlock program to mid-range drink-drivers. Noted bipartisan support and highlighted the 'hold the red' traffic light technology in his electorate.
“It is good to see bipartisan support for a bill such as this, which will go a long way to changing the culture of drink-driving even more.”— 2019-09-03View Hansard
Supported the bill, praising the extension of the interlock program to mid-range offenders and new education programs, but stressed point-to-point cameras should have clear warning signs and not be used as revenue raisers. Called for more road maintenance funding.
“I am also very pleased to see that the bill will introduce education programs for first-time offenders and repeat offenders. I hope that such programs will help offenders to consider whether they have an alcohol addiction and assist them to reach out for help.”— 2019-09-04View Hansard
Supported the bill's intent to enhance road safety, including extending the interlock program to mid-range offenders and expanding point-to-point cameras. Expressed concerns that cameras should be clearly signed to avoid perceptions of revenue-raising.
“In closing, I support the intent of this bill to make our roads safer and the other matters covered in this bill.”— 2019-09-03View Hansard
Supported the bill, highlighting road safety statistics in North Queensland and Far North Queensland, and endorsed the interlock program reforms and education programs for drink-driving offenders.
“I firmly believe in an intervention program as a way to shape people's attitudes and behaviours to ensure road rules and regulations are followed and safety of self and others are maintained.”— 2019-09-04View Hansard
Supported the bill and placed it in the broader context of Australia's relationship with alcohol, citing research on the alcohol industry's influence on national strategy. Praised the bill as creating a vital intervention point for drink-driving offenders.
“This legislation creates a vital intervention point for those people, and I commend it to the House.”— 2019-09-03View Hansard
Supported the bill's drink-driving reforms and interlock program expansion but argued speed cameras should be clearly signed to maintain community confidence and avoid perceptions of revenue raising.
“Any sensible measure that makes our roads safer is one every member in this House should support.”— 2019-09-04View Hansard
Agreed with the bill's intent to reduce road deaths but raised concerns about the application of speeding enforcement and interlock devices in remote and rural areas, noting that speeding on open remote roads has different risk implications than in urban areas.
“I agree with the intent of the bill and I see what the minister is trying to do. That is worthwhile but I would ask the minister to be mindful of how that impacts those areas and to watch closely the rollout of the interlocking device in places like Doomadgee or Mornington.”— 2019-09-03View Hansard
Supported the bill, sharing a personal account of witnessing a fatal road crash and the devastating community impact of road deaths, including the death of a local 18-year-old student.
“Road accidents can happen at any time. Most of the time the fallback from the community is 'It's the road's fault.' Roads do not kill or cause accidents; it is the driver of the vehicle not driving to conditions.”— 2019-09-04View Hansard
As a former paramedic of 28 years, strongly supported the bill's road safety reforms. Highlighted the devastating impact of road accidents in North Queensland, noting 30 people had lost their lives on North Queensland roads that year alone.
“I applaud any steps taken by our government to reduce the number of people killed or injured on our Queensland roads.”— 2019-09-03View Hansard
Did not oppose the bill, supporting its road safety measures while raising concerns about speed camera revenue raising and the growing road maintenance backlog. Praised local organisation Roadcraft for its driver education programs.
“Making roads safe is the responsibility of both the driver and the government. One is about behaviour and the other is about delivering the best possible conditions to reduce risk.”— 2019-09-04View Hansard
Supported the bill's road safety initiatives. Highlighted motorcycle accidents in his electorate and supported police using any tactic possible to stop dangerous driving behaviour, including speed cameras.
“I, too, rise to speak in support of the bill before the House. As others have said, you would be hard-pressed to find a member in this House who does not support road safety initiatives.”— 2019-09-03View Hansard
Supported the bill, highlighting the work of the Make it Home Safely Inc. organisation in her electorate and the importance of drink-driving education programs and the expanded interlock program.
“Each and every one of us has a responsibility to be serious about reducing death and serious injury on our roads.”— 2019-09-04View Hansard
Drew on his nursing experience to support the bill, describing the devastating long-term impacts of motor vehicle accidents on patients in rehabilitation. Praised the bill's public health approach including driver education and the expanded interlock program.
“Road accidents really are a public health issue and we have to tackle them in a public health manner. That is what I particularly like about this bill.”— 2019-09-03View Hansard
Commended the bill overall but questioned the five-year interlock program for a single mid-range offence as potentially counterproductive and vindictive, arguing it could create barriers to employment and push offenders into criminality.
“One mistake and five years is a high bar.”— 2019-09-04View Hansard
Briefly supported the bill, sharing his experience as a former university employee attending funerals of young people killed by speeding or drink-driving. Suggested point-to-point cameras for the Toowoomba range crossing.
“The bill is a very sensible bill and, obviously, I will be supporting the bill.”— 2019-09-03View Hansard
As a former police officer, strongly supported the bill, particularly the amendment to allow breath-testing of passengers who interfere with vehicle operation, drawing on personal experience of a fatal crash involving a drink-driver.
“Those are decisions that people make for which there are consequences. I am sorry if it means that people might have trouble with their employment, but the decision to take those extra drinks and the impairment of judgement it causes has far-reaching consequences that are greater than potentially having trouble finding or keeping a job.”— 2019-09-04View Hansard
Supported the bill, tracing the history of road safety campaigns in Queensland and supporting the interlock program expansion, while emphasising that speed camera positions should be signed to maintain community confidence.
“This bill aims to make Queensland's roads safer. For that reason, the LNP and I will be supporting the bill.”— 2019-09-04View Hansard
Supported the bill, focusing on how drink-driving attitudes have changed over decades and endorsing the education programs, the performance-based interlock program, and the expansion to mid-range offenders.
“We really need these laws because, no matter what we do, there is always a hard core of recidivists.”— 2019-09-04View Hansard
Supported the bill and tougher drink-driving punishments, while emphasising clear speed limit signage for point-to-point cameras and highlighting road safety issues in his electorate.
“It is a privilege to have a driver's licence in order to drive on our roads—it is not an expectation; it is a privilege—and when we do the wrong thing that privilege should be taken away.”— 2019-09-04View Hansard
Described the bill as non-contentious, supported road safety measures but flagged community concerns about revenue raising through point-to-point cameras and speed enforcement at unattended roadworks.
“Road safety cuts across the political divide, because it is everyone's business and everyone has a role to play.”— 2019-09-04View Hansard
Supported the bill, emphasising the importance of drink-driving reform, education programs, and the extension of the interlock program, noting strong community support from over 3,000 survey responses.
“It is legislated that any moneys raised by those speed cameras has to go back into road safety campaigns.”— 2019-09-04View Hansard
Supported the bill in a bipartisan manner, endorsing the drink-driving reforms and interlock program extension, while advocating for speed cameras to be clearly signed and expressing concern about speeding in roadworks zones.
“Death and serious injuries on Queensland roads cost $5 billion every year.”— 2019-09-04View Hansard
As a former police officer, supported the bill and welcomed education programs for drink-drivers, while arguing for more police on the road as the best deterrent and advocating for improved road conditions in regional Queensland.
“Drink-driving is a scourge on our society. I have locked up my fair share of drink-drivers and I do not regret locking any of them up.”— 2019-09-04View Hansard
Supported the bill, drawing on medical experience to highlight the physical and psychological impacts of road trauma, and endorsed the interlock program expansion while noting the LNP's policy that speed cameras should be clearly signed.
“More than simply a dollar amount, the true human and emotional cost is ultimately borne by affected individuals and their families.”— 2019-09-04View Hansard
Supported the bill's drink-driving education reforms as a 'magnificent step forward' but expressed concern about point-to-point cameras on roads with variable speed limits being used for revenue rather than safety.
“I would say to the minister that the idea of compulsory education is a magnificent step forward, and it is one that we should all embrace.”— 2019-09-04View Hansard
Supported the bill, strongly endorsing the interlock program expansion to mid-range offenders and point-to-point speed cameras, explicitly disagreeing with the member for Mirani's criticism of mid-range interlock requirements.
“I note at the outset that the LNP will not be opposing this bill because we support practical measures that reduce road trauma on Queensland roads.”— 2019-09-04View Hansard
Supported the bill but criticised the government's failure to reduce the speed limit in Yuleba despite community petitions following two deaths, and raised concerns about the $5 billion road maintenance backlog.
“We can sit in this parliament and talk about how speed kills and we can talk about how the road toll needs to be reduced, but what is really needed is action.”— 2019-09-04View Hansard
As Transport Minister, replied to the second reading debate, defending covert speed cameras as essential for road safety, criticising the LNP's policy to remove them, and highlighting the bill's drink-driving reforms including performance-based interlocks and mandatory education.
“I say sincerely to everybody in this chamber: that will mean more deaths on our roads.”— 2019-09-04View Hansard