2022-03-23
Police will be able to issue on-the-spot fines to negligent drivers who cause actual bodily harm to others, following an amendment to legislation put forward by Jo Clay MLA in the ACT Legislative Assembly.
“We need strong measures to improve road safety to ensure all Canberrans feel safe on our roads. Fines for negligent driving that harm someone are part of a range of measures that can address safety concerns and encourage more Canberrans to walk, ride or scoot,” said Jo Clay.
“My amendment fills a gap in the law to make sure we have an enforceable penalty where drivers injure road users. This will help improve safety and create a culture of care on our roads.
“The ACT Greens want to create a sustainable, connected city where people feel safe and comfortable choosing active travel to get around. In order to create that environment, we need to ensure all road users behave in a safe and responsible manner.
“Fines can be a really effective tool to deter negligent behaviour. When drivers know they can receive an on the spot fine of $900 they will think twice about driving dangerously around vulnerable road users.
“Last year, I started a debate about road safety for vulnerable road users by tabling a bill and I welcome the legislation brought forward by the Minister for Transport today. I’m really pleased that the Assembly has worked together to pass this legislation and bring forward a range of new measures to improve safety for all road users.
“I look forward to continuing to work with our Government to make our roads safer, including measures such as separated cycle and pedestrian lanes and better education on road safety to foster a culture of care on our roads,” Said Jo Clay.
“Many Canberrans may be surprised to know that under the previous system, there was an offence for negligent driving and offences for grievous bodily harm and death, but there was no middle ground where a person may be injured but their injuries do not fall within the definition of grievous bodily harm.
“This bill and my amendment creates a new offence with a fine for when a driver causes actual bodily harm to another road user. Police can issue a $900 fine and 3 demerit points without needing to go through the court system.
Pedal Power, the AFPA and community active travel groups have called for fair and simple fines like this.
Pedal Power CEO Ian Ross said any crash between a car and a person on a bike is likely to have serious outcomes for the rider. “As a community, we need to do everything we can to raise awareness of the vulnerability of people riding or walking on our roads,” he said. “Where someone drives negligently and harms another person, there must be clear and immediate penalties. The Clay amendment will provide an immediate resolution, which Pedal Power believes will help improve driver behaviour on our roads.”
Mr Ross said Pedal Power first called for legal reform after identifying a significant gap in Canberra’s negligent driving laws. “We found that the penalty for driving negligently and injuring a cyclist was only a $393 fine,” he said. “We pushed for law reform to protect Canberrans walking and cycling on our roads. The reform process has been one of genuine community engagement and will improve the protection of all vulnerable road users.”
Pedal Power has long advocated for increased awareness of the harm that can be caused to vulnerable road users. “Minister Steel’s Bill goes some way to achieving that, and with Jo Clay’s amendments, police will be able to issue high on-the-spot fines, meaning a speedy resolution for all parties,” he said. “We hope all Canberrans think before they next jump behind the wheel that the person riding a bike is vulnerable. We ask drivers to take extra care.”