Transport and Other Legislation (Road Safety, Technology and Other Matters) Amendment Bill 2020
Plain English Summary
Overview
This bill introduces a Digital Licence App so Queenslanders can carry their driver licence and proof of identity on their phone. It also enables cameras to detect seatbelt and mobile phone offences, fixes technical issues with drink driving interlock laws, preserves legal interests in rail and busway corridor land, and gives Transport and Main Roads access to private land for environmental management.
Who it affects
All Queensland licence holders gain the option of a digital licence. Drivers face a higher chance of being caught for phone use or not wearing a seatbelt through camera enforcement. Licensed venues must accept digital ID. Landowners near road corridors may have TMR temporarily access their land for environmental work.
Digital Licence App
Creates a framework for a Digital Licence App that stores driver licences, photo IDs and proof-of-age documents on a smartphone. The app is voluntary and complements physical cards. Digital credentials can be used anywhere a physical licence or ID is currently required.
- Digital driver licences, proof of age and proof of identity can be displayed through a government-approved app
- Digital credentials are legally accepted wherever physical licences or IDs are required across 12 Acts
- Authorities cannot seize or confiscate phones used to display digital credentials
- A two-year transitional regulation-making power allows quick fixes during the pilot phase
Camera enforcement of seatbelt and mobile phone offences
Expands Queensland's existing camera-detected offence program to include mobile phone and seatbelt offences. Camera technology uses machine learning to identify offending, with all detections reviewed by police before infringement notices are issued. Images of non-offending vehicles are automatically deleted.
- Cameras can now detect and enforce mobile phone and seatbelt offences alongside speeding
- Video evidence is now admissible in addition to still photographs
- Rebuttable presumptions apply to camera evidence, such as the vehicle being in motion and seatbelt positions being fitted
- Defendants must give the prosecution 14 days written notice before a hearing if they intend to challenge camera evidence or raise an exemption
Drink and drug driving fixes
Corrects technical issues with the 2019 drink driving reforms to ensure interlock laws work as intended. Also streamlines drug driving saliva test procedures.
- First-time mid-range drink drivers can now apply for an interlock exemption if granted a restricted licence
- Interlock extension penalties for failing to complete education programs only apply to repeat offenders, as originally intended
- Removes a redundant notice requirement when the same police officer both collects and analyses a saliva sample
Rail, busway and road corridor land management
Preserves existing easements and other legal interests when land becomes rail corridor or busway land. Also gives TMR the power to temporarily access private land next to roads for environmental management, with safeguards for landowners.
- Existing easements and legal interests in land are preserved when land is added to rail corridors or declared as busway land
- Compensation is available where interests are extinguished rather than continued
- TMR can temporarily access private land adjacent to road corridors for environmental activities like weed management, pest control and flora surveys, with seven days notice
- Landowners can make submissions and retain full rights to compensation for any damage
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.
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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.
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