ACT Road Policing Acting Inspector Mark Richardson (left) welcomed proposed reform to drug driving offences introduced by Transport Minister Chris Steel. Photo: Claire Fenwicke.
Over the past decade 40 per cent of fatal crashes on Canberra’s roads involved a driver who was under the influence of alcohol, drugs or both.
The ACT Government has proposed new legislation to increase penalties and target first-time offenders, and introduce a new combined drink and drug driving offence with penalties that will be much higher than for separate drink and drug driving offences.
Transport Minister Chris Steel introduced the Road Safety Legislation Amendment Bill 2023 to the Legislative Assembly, which he said would make Canberra’s roads safer for everyone.
“Drink or drug driving is not tolerated on ACT Roads, and these dangerous behaviours will be targeted under these new laws,” he said.
“These laws reflect the research that shows that a fatal crash is 23 times more likely when a person is under the influence of both alcohol and drugs in combination.”
The laws will also expand mobile drug testing (MDT) to include cocaine, which can currently be detected in NSW, Victoria and Queensland.
This will be on top of being able to detect THC, methamphetamine, and MDMA.
Changes have also been proposed for first-time low-range drink drivers to receive an immediate $800 fine and six-month loss of licence if caught on the roadside.
Mr Steel said it was about making penalties not only stronger, but “swifter” and “fairer” for the community.
“[This is] to make sure our penalties are proportionate to the risk of harm on our roads,” he said.
Drink driving is considered low-range if the blood alcohol content is between 0.05 and 0.08 (for fully licenced drivers) or 0 and 0.05 (for provisional licence holders).
Mr Steel said the new fine and licence suspensions would also free up officer resources.
“This will mean that for low-range drink drivers who accept responsibility, ACT Policing will not be required to attend a court hearing similar to other states including NSW and Victoria,” he said.
“This increased penalty will provide a strong deterrent while at the same time giving ACT Police more time to focus on more serious offences, including higher range drink driving.”
The reforms were towards the top of the list for ACT Policing.
Road Policing Acting Inspector Mark Richardson said any changes to combat impaired and dangerous driving were welcome.
“It’s unfortunately very common that alcohol and drugs are found in the system of people that have been killed in fatal accidents or seriously injured,” he said.
All of Canberra’s police stations have now been fitted out with the correct infrastructure to expand the capability of officers to conduct roadside drug testing, with more general duty officers also being trained in the process.
Act Insp Richardson said adding cocaine to the drugs able to be detected won’t change how MDTs are carried out.
“It will just be another drug that is added to the test on the roadside,” he said.
“[Cocaine] has come up in the wastewater, so it’s clearly being used in the ACT and we think it’s really important that we get a gauge on how that’s going in terms of drivers using it and then driving.”
The Australian Federal Police Association (AFPA) has also welcomed the reforms, particularly the new fine and licence suspension for first-time low-range drink drivers.
AFPA president Alex Caruana felt this change would encourage better road safety while also removing some pressure from the court system.
“I think it’s fair that a low-range, first-time offender can accept liability for the offence and immediately start their suspension without the burden of facing a judicial process. Obviously, people need the right to appeal or fight the charge, and they’ll still be able to do so under this new infringement notice regime,” he said.
“Our members tell us that low-range, first-time drink drivers have usually made an error in judgement, aren’t recidivist offenders, and are very often highly embarrassed by the incident. Starting their licence suspension immediately benefits them in the long run.
“While not driving for six months is tough, it’s a valuable lesson learnt without having to go to court.”
It has been pointed out penalties may not act as an effective deterrent for risk-seeking drivers, particularly recidivist offenders.
Mr Steel said legislation was only one part of the picture, with work happening in other areas to create change.
“We want to deter this behaviour from occurring in the first place, and we know that education and behaviour change programs are part of that,” he said.
“The law will be one component of the steps we need to take, but we’ve also been having discussions with some non-government organisations about how we can target that high-risk behaviour, particularly among young people.”
A community education and awareness campaign focused on drink and drug driving will be rolled out by the ACT Government over the summer holiday period.
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