TRANSPORT LEGISLATION AMENDMENT BILL 2020



TRANSPORT LEGISLATION AMENDMENT BILL 2020TABLING OF STATEMENT OF COMPATIBILITY AND SECOND READING SPEECHTabling of Statement of CompatibilityIn accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, I table a statement of compatibility for the Transport Legislation Amendment Bill 2020.Second Reading SpeechI move that this Bill be now read a second time.Objectives of the BillThe objectives of the Bill are to support the delivery of Big Build projects, meet Government policy commitments and increase the efficiency and effectiveness of regulation.Support the delivery of Big Build projectsOur Big Build program of works is continuing across metropolitan and regional Victoria. The works deliver much needed transport solutions, but also create jobs and assist in our economic recovery from Covid-19.A key element of the Big Build program is the $2 billion Regional Rail Revival program, which is upgrading every regional passenger rail line in Victoria and creating 1,000 jobs. These upgrades will often enable more services or faster services, however some amendment to legislation is required to deliver the program safely.Victoria has a limited number of private level crossings that were created under the Land Compensation Act 1869. These crossings, on private land, originate from the period when the rail corridor was first created.In order to ensure the safety of rail line upgrades, the Bill enables the Secretary of the Department of Transport to nominate a private level crossing to be closed. Compensation for the loss of access to the land will be provided to affected landowners in accordance with the process under the Land Acquisition and Compensation Act 1986. The State will also be able to acquire surplus land, and the compensation process will include this land. Alternative access may also be provided if it is feasible to do so.The Big Build also benefits local government, as major projects often entail upgrades to the surrounding local infrastructure. Victoria is building more infrastructure than ever before, and new bodies such as the Major Transport Infrastructure Authority (MTIA) are delivering the Big Build across multiple modes of transport.The Road Management Act 2004 allocates responsibility for public roads to state agencies and municipal councils. The Act needs to be updated so that on-going responsibilities for infrastructure built by the Major Transport Infrastructure Authority and other delivery bodies can be allocated between state and local government road managers in line with the normal split of responsibilities under the Act. The Bill will amend the definition of ‘road infrastructure’ to enable works by the MTIA and other agencies such as the Suburban Rail Loop Authority to be captured, where the works are on road infrastructure.Meeting Government policy commitmentsThe unprecedented program of works currently being undertaken disrupts the network and inconveniences people. It is short term pain for long term gain, but we are working to minimise those disruptions. People are understandably exasperated when a closed worksite is still slowing speeds and delaying traffic. Our ‘safer speeds, safer sites’ policy requires the lifting of speed limits around construction areas when construction work finishes for the day. The Bill delivers on the policy commitment to introduce a corporate penalty of up to 300 penalty units, or approximately $50,000, for traffic management breaches, including not returning roads to a safe speed when construction work finishes for the day.Under a bilateral agreement between the Commonwealth and the State, Victoria committed to negotiating a new 99-year lease with the Australian Rail Track Corporation. The long lease time is necessary to give the Commonwealth certainty around its future investments in inland rail. The Bill amends the Transport Integration Act 2010 to put it beyond doubt that VicTrack can enter long term leases over crown land for rail infrastructure related purposes.Better regulationImpounding vehicles for hoon offences has clear road safety benefits. Separating the vehicle from the offender creates a practical barrier to further offending as well as creating a disincentive to offend or re-offend. However, the impoundment regime comes with significant costs.In 2018-19, there were 11,090 vehicles impounded. Of these, 2,882 vehicles were deemed abandoned. Most of the cars that are abandoned are so old or in such a poor state that they are not worth the cost required for people to pick them up from the impoundment facility. Abandoned vehicles are putting police storage facilities under strain. The Bill contains changes aimed at freeing up space at impoundment facilities to accommodate future vehicles.Under the current regime, the time it takes to have a vehicle deemed to be abandoned is 37 days. That is made up of a waiting period of 7 days and a notice period of 30 days. The Bill will reduce the notice period from 30 days to 14 days. There is a hardship scheme for those people who cannot afford to collect the car within the required period. This ensures that there are no unintended consequences associated with the reduction in time.The Bill also allows Victoria Police to temporarily use (and possibly destroy) abandoned vehicle for training purposes, prior to disposal. Only vehicles of negligible sale value will be destroyed for training purposes.In response to industry requests, the Bill amends the Accident Towing Act 2007 to allow a tow truck driver to transport other people such as their family members when the vehicle is not being used for accident towing.Tow truck operators have a legal right to withhold a vehicle when payment has not been received for towing and storage. The Bill will extend this to enable a vehicle to be withheld from its owner if the vehicle owner has not paid for salvage.In December 2019, the National Heavy Vehicle Regulator took over responsibility for the enforcement of offences involving the use of heavy vehicles. To support better integration between national and state regulatory functions the state entered a service level agreement for the enforcement of state road safety offences concurrent to the national regulators work on the enforcement of national heavy vehicle laws. Transitional provisions enable enforcement officers previously employed by VicRoads that transferred to the National Heavy Vehicle Regulator to continue to exercise powers they were previously authorised to exercise under the Road Safety Act 1986 and Road Management Act 2004. The Bill will enable other staff of the national regulator to be authorised to carry out compliance and enforcement activities under the Road Safety Act 1986 and the Road Management Act 2004 so that the requirements of the service level agreement can be efficiently and effectively discharged by the national regulator.More effective road safety regulationDrivers of ‘large vehicles’, defined as a bus or a vehicle or vehicle combination over 15 tonnes, are required to have a 0.00 blood or breath alcohol concentration (BAC). Taxis and rideshare drivers must also have a 0.00 BAC while working.Conversely, 12 tonne rigid and flatbed trucks (‘heavy vehicles’) are not currently subject to a0.00 BAC. To improve safety and address inconsistencies, the Bill will introduce a 0.00 BAC requirement for all drivers of heavy vehicles, defined as vehicles and vehicle combinations more than 4.5 tonnes. The change will not capture tradespeople with utes or people who hirea van on a standard licence (for example, to move to a new house). It will capture the trucks that require a special licence.Similarly, the Bill will ensure that emerging motorized personal mobility technology can be appropriately regulated. In particular, the Bill will enable application of drink driving and drug driving restrictions to these vehicles, if their use is permitted by Government under the road rules.The Bill will also amend the Road Safety Act 1986 to increase penalties in a limited number of high-risk areas.The penalties for drink or drug driving by a driver supervising a learner driver will increase from 5 to 20 penalty units. These offences by a supervising driver are unacceptable and a significant deterrent is warranted. The change reflects the serious risks posed by learner drivers who are not appropriately supervised while driving and aligns the penalty with that applicable to similar offences.The penalties for breaching alcohol interlock conditions are low relative to the risks the behaviour represents and the penalties for unlicensed driving more generally. Breaching an interlock condition is a form of disqualified driving and the Bill will raise the penalty to mirror those for disqualified driving. The maximum penalty for breaching interlock conditions or unlicensed driving where the driver should have had an interlock will be increase from 60 to 240 penalty units or imprisonment for two years.ConclusionThis Bill is about delivering on our Big Build program of works and our policy commitments. In addition to this, the Bill improves the efficiency and effectiveness of some regulatory schemes, including making our roads safer.I commend the Bill to the House. ................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download