Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Bill 2020
Plain English Summary
Overview
This bill introduces a Digital Licence App for Queensland, enables cameras to detect seatbelt and mobile phone offences, fixes minor issues with drink driving interlock laws, preserves legal interests when land becomes rail or busway corridor, and gives the Department of Transport and Main Roads power to access adjacent private land for environmental management.
Who it affects
Queensland drivers gain the option of carrying licences on their phones and face camera enforcement of seatbelt and mobile phone rules. Private landowners near state roads may have TMR access their land for environmental activities with seven days notice.
Digital Licence App
Creates a voluntary Digital Licence App that lets Queenslanders carry driver licences, photo IDs and proof of age on their phones. The app is piloted in the Fraser Coast region and will comply with international digital identity standards.
- Digital licences accepted as proof of identity and age across liquor, gaming, tobacco and other regulated venues
- Phones displaying digital licences cannot be seized or confiscated by inspectors
- Two-year transitional regulation-making power to respond to issues during rollout
- ID scanners at licensed venues must be able to read digital IDs from phones
Camera enforcement of seatbelt and mobile phone offences
Extends Queensland's existing camera detection program to catch drivers using mobile phones or not wearing seatbelts. Uses machine learning and human review by Queensland Police before any infringement is issued. Images with no offence detected are automatically deleted.
- Cameras will detect seatbelt and mobile phone offences alongside existing speed and red light enforcement
- Rebuttable presumptions mean camera images are taken as evidence unless the driver proves otherwise
- Defendants must give 14 days written notice before a hearing if raising an exemption or defence
- A single certified report can present all camera evidence in court proceedings
Drink and drug driving fixes
Corrects oversights in the 2019 drink driving reforms relating to alcohol interlock exemptions and repeat offender education program provisions.
- First-time mid-range drink drivers can now apply for an interlock exemption if granted a restricted licence
- Extended interlock periods for failing the repeat offender education program apply only to repeat offenders
- Removes unnecessary notice requirement when the same police officer both collects and analyses a saliva specimen
Transport infrastructure land management
Preserves existing easements and other legal interests when land becomes rail corridor or busway, and gives TMR the power to access private land adjacent to road corridors for environmental activities.
- Existing secondary interests such as utility easements are preserved when land enters rail corridor or busway
- Fair compensation available if a registered interest is extinguished
- TMR can temporarily access private land (not dwellings) for weed management, flora surveys and environmental monitoring
- Landowners receive seven days notice and can make a submission before TMR enters their property
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee17 Mar 2020View Hansard
Referred to Transport and Public Works Committee
The Transport and Public Works Committee examined the bill over several months and recommended it be passed. The committee's Report No. 39 included two additional recommendations: that a thorough review be conducted after the Digital Licence App pilot before expanding the project, and that provisions around device handover during law enforcement interactions be reviewed for clarity. The government supported all three recommendations.
Key findings (5)
- The bill addressed two main areas: enabling a Digital Licence App and introducing camera detection for seatbelt and mobile phone offences
- The Office of the Information Commissioner and the Queensland Law Society raised concerns about whether people using the Digital Licence App could be required to hand over their mobile device to police or authorised officers
- The committee was satisfied that the legislation's intent was that people would not need to hand over their device, but recommended a review to ensure this was clear
- A pilot of the Digital Licence App was launched in the Fraser Coast region, with participant feedback used to improve the app before broader deployment
- The government supported all three committee recommendations and committed to an extensive education and training strategy around the app
Recommendations (3)
- The committee recommends the Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Bill 2020 be passed.
- The committee recommends that a thorough review be undertaken subsequent to the implementation of the Digital Licence App prior to the expansion of the project to include other authorities.
- The committee recommends that a review of the provisions relating to the legislative provision prohibiting law enforcement and other authorised officers from requiring an individual to hand over their device be undertaken to ensure the intent is clear.
Committee report tabled
▸Second Reading14 July 2020View Hansard
Vote on a motion
Procedural vote on the Leader of the House's motion to treat the Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Bill and the Transport Legislation (Disability Parking and Other Matters) Amendment Bill as cognate bills, with the Minister and Leader of the Opposition each allocated 30 minutes.
The motion was agreed to.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
▸Show individual votesHide individual votes
Ayes (44)
Noes (39)
▸11 members spoke10 support1 oppose
As the responsible minister, introduced the bill and spoke in detail about the digital licence app, camera enforcement of seatbelt and mobile phone offences, and land management amendments. Strongly advocated for road safety measures and criticised the LNP's policy on speed camera signage.
“Research shows that using a mobile phone while driving is as dangerous as drink-driving with a blood and breath alcohol reading of .07 to .10.”— 2020-07-14View Hansard
As shadow transport minister, confirmed the LNP supports the bill including the digital licence app and camera enforcement of seatbelt and mobile phone offences, while noting initial concerns about TMR land access provisions were addressed by the minister's explanation.
“It absolutely amazes me that in this year, 2020, when you are teaching someone to drive and you observe firsthand other drivers on the road, the number of people you come across who still use mobile phones and who still drive without a seatbelt is truly amazing.”— 2020-07-14View Hansard
As committee chair, outlined the committee's three recommendations including that the bill be passed, and emphasised the road safety benefits of camera detection for seatbelt and mobile phone offences and the privacy protections built into the digital licence app.
“Every life lost on our roads is one life too many, so we make no apology for cracking down on distracted driving and enforcing our road safety laws.”— 2020-07-14View Hansard
Supported the road safety bill's camera enforcement measures and digital licence app provisions, while advocating for improved road safety in the western suburbs of Brisbane.
“Anything that can be done to minimise or eliminate such accidents certainly deserves to be considered.”— 2020-07-14View Hansard
As Police Minister, supported the bill emphasising the camera enforcement system's process of AI detection followed by Queensland Police Service human review before any infringement is issued, and confirmed privacy protections.
“Community safety is paramount. This principle is at the forefront of everything this government does.”— 2020-07-14View Hansard
Supported the road safety bill as a former police officer, noting that camera detection will supplement police enforcement of mobile phone and seatbelt offences that currently go largely undetected.
“Given that the nature of traffic enforcement in these areas requires police to be at the right place at the right time, a large number of these offences go undetected.”— 2020-07-14View Hansard
Opposed the digital licence app, arguing the government lacks transparency about its real purpose of sharing biometric data with the Commonwealth's facial recognition system, and raised concerns about the involvement of foreign military-industrial company Thales in the app's development.
“This is the real purpose of the new app. The app's high-definition facial imaging data will be shared with the Commonwealth government and the biometric templates created from these images stored indefinitely.”— 2020-07-14View Hansard
Supported the bill, focusing on the road safety benefits of camera technology for detecting seatbelt and mobile phone offences, particularly relevant to his rural electorate.
“Please do not use your mobile phones when driving. It takes only a split second of inattention to cause a tragedy that can never be rewound.”— 2020-07-14View Hansard
Supported the digital licence app and increased penalties for seatbelt and mobile phone offences, while expressing scepticism about the government's track record with technology projects.
“When government members say 'technology', watch the hip pocket, watch the blowout and watch the cost.”— 2020-07-14View Hansard
Supported the bill focusing on road safety measures, noting that despite a 30 per cent drop in traffic during COVID-19, risky driving behaviour increased.
“We know what drives home the message to counter these behaviours—that is, fines and the likelihood of getting caught.”— 2020-07-14View Hansard
Supported the digital licence app as a commonsense step forward, highlighting privacy benefits over physical licences, while noting the need for strong privacy safeguards around camera detection technology.
“It still offers more privacy than a physical licence. If a person loses their wallet, someone can pull out their physical licence and see all those details.”— 2020-07-14View Hansard
▸In Detail14 July 2020View Hansard
Amendments 1 and 2 to clause 38 relating to the effect on land of busway declarations, refining provisions for leasing of busway land and registration of leases under the Land Act 1994.