It’s time to change the law to encourage a culture of care on our roads

2021-06-21

Greens MLA Jo Clay will table a bill to better protect pedestrians, cyclists, motorcyclists and all vulnerable road users in the Legislative Assembly tomorrow. 

“If you don’t think you’re a vulnerable road user, think again,” said Ms Clay, MLA for Ginninderra and Greens spokesperson on Road Safety and Active Travel. 

“When we walk to school or ride a bike or motorbike to work, when we use a scooter to get to a meeting, cross the road to get on the bus or light rail - even if we drive most places - when we walk from our car to our final destination we are vulnerable road users.

Ms Clay’s bill would amend the Road Transport (Safety and Traffic Management) Act 1999 to:

  • Add an offence of ‘Negligent driving - harm to vulnerable road user’, and
  • Quadruple the maximum penalty to 50 penalty units, or a maximum fine of $1600.

The move comes after a horrifying collision late last year in which a cyclist was seriously injured, and the car driver was fined just $393.

“It’s an insult, frankly, that someone can inflict lifelong injuries and drive away with a fine not much higher than if they’d been speeding and didn’t hit anyone,” Ms Clay said.

“Reducing harm to pedestrians, cyclists, people entering and exiting public transport and everyone else on or near our roads is so important. It’s about community safety, supporting our community to be active and healthy, and cutting transport emissions to reach net zero by 2045.

“The ACT Greens want a city-wide walking and cycling network that gives everyone the option to walk or ride in comfort and safety. While we continue to push for more paths that are separated from roads, it’s critical we develop a culture of care among drivers.

“While this is just one of many things we can do to make our roads safer, the increased penalty is a strong disincentive against carelessness and hostility.”

Pedal Power ACT endorsement

Pedal Power ACT has thrown its support behind the legislative changes, with CEO Ian Ross saying people need to feel safe if they are to make the switch to cycling to work or school.

“Strong protections under the law are essential to improve the safety of all Canberrans, particularly when they ride on our roads,” Mr Ross said.

“This proposed legislation would significantly increase the penalties for negligent driving that injures a vulnerable road user. 

“We know strong penalties act as a good deterrent. People’s driving behaviour changed when strong penalties were introduced for drink driving and speeding through school zones”.

Mr Ross said we needed a culture where all drivers automatically take extra care when driving near vulnerable road users. “If they don’t, our police need to be equipped to impose high and immediate penalties,” he said. 

“When you ride a bike, you are not just making a great contribution to your own health and wellbeing, you are also making a direct contribution to our climate, and to reducing road congestion.

“This proposed legislation will send a message that our community values people who ride bikes, and that we will protect our vulnerable road users,” he said.

What happens next

The bill is being tabled on Tuesday and will be debated during the next sitting of the ACT Legislative Assembly. 

Canberrans can share their personal stories about road safety or comment on the proposed legislation by writing directly to Ms Clay at CLAY@parliament.act.gov.au.