Driving Licensing Laws of Queensland - Assignment Example

INTRODUCTION Road accidents due to different means of transportation are a major cause for deaths among the people of Queensland. Statistics show that among the fatalities caused due to road accidents, the most risked group is the youth between 17-21 years of age group. They are the most vulnerable due to various factors and need counselling, parental supervision and community support in addition to strict laws to regulate the on road behaviour of the youth. (Young Drivers,Licensing Wing,Qld Govt, Pg-1) In the year 2008, 2009 total fatal crashes had been 82 & 90 respectively that resulted in 96 & 103 road deaths in the corresponding year.(Queensland Road Toll Weekly Report : Pg-1) The average 2005 – 2009 to fatalities had been 94.8%(Queensland Road Toll Weekly Report :Pg-1). The Road Toll for 1st March 2008 to 28th February 2009 in Queensland had been 332. The figure of Road Toll for 1st March 2009 to 28th February 2010 had been 298 per 1,00,000 population. (Quuensland Road Toll Report : Pg-2) It has been noticed that the young drivers are culprits in a major chunk of road accidents resulting in deaths and fatalities. In the year 2008-2009 young drivers in the age group of 17-24 were involved in 99 cases of road toll. Similarly the corresponding figure for the same age group in the year 2009-2010 was 80. (Quuensland Road Toll Report : Pg-5) The Queensland Road Toll in percentage points for 2009 - 2010 if compared with the average for 2004-2005 and 2008-2009 has increased from 27% to 32%.(Quuensland Road Toll Report: Pg-5). As per the Queensland Government the matter of Road Safety is still one of the country’s most serious and important public health issue as it invariably affects almost every citizen in the community. It is a known fact that young drivers lead the lot when it comes to road crash statistics in Queensland. From the data assimilated above it can be easily deduced that youth are the major offenders in Queensland that are involved in road accidents and deaths. (Transport Deptt:Queensland) So it is the need of the hour that a new policy is formulated to keep abreast of the times and the need for regulating the worst offenders in serious road crashes. Keeping that in mind as a starting point the legal driving age can be enhanced to 21 years. This Report will study the various pros and cons if such a step is taken and the response and reaction of various interested groups and community as a whole will be taken in to account before making any reccomendation to that effect. ISSUE : RAISING THE LEGAL DRIVING AGE TO 21 YEARS (a) Legislations that impact this issue The Transport Operations (Road Use Management – Driver Licensing) Regulation 1999 (Pg-16) lays down the law as to the eligibility for Queensland Driver Licenses and also prescribes the minimum age for a C learner license and minimum age for license other than C class learner license. The existing law is reproduced below : Transport Operations (Road Use Management—Driver Licensing) Regulation 1999 Part 3 Eligibility for Queensland driver licences Page 16 Reprint 6D effective 11 December 2009 Part 3 Eligibility for Queensland driver licences 8 Minimum age—class C learner licence (Law Department Queensland Govt.) (Transport Operations (Road Use Management – Driver Licensing) Regulation 1999 :Pg-16) (1) A person is not eligible for a class C learner licence unless the person is at least 16 years. (2) However, subsection (1) does not apply to a class C learner licence if the chief executive is satisfied under section 14 that the person has a special need for the licence. 8A Minimum age—licence other than class C learner licence (Law Department Queensland Govt.) (Transport Operations (Road Use Management – Driver Licensing) Regulation 1999 :Pg-16) (1) A person is not eligible for a Queensland driver licence, other than a class C learner licence, unless the person is at least 17 years. (2) However, subsection (1) does not apply to a class C P1 provisional licence if the chief executive is satisfied under section 14 that the person has a special need for the licence. (3) Also, if the chief executive is satisfied under section 14D that the person has a special need for a class RE or R licence— (a) subsection (1) does not apply to a class RE learner licence; and (b) instead the person is not eligible for a class RE learner licence unless the person is at least 16 years and 6 months. Under the Transport Operations (Road Use Management Act) 1995 regulations are laid that aid the authorities in regulating the young offenders. (Law Department Queensland Govt.) (Transport Operations (Road Use Management Act) 1995: Pg-166) Transport Operations (Road Use Management) Act 1995 Chapter 5 Road use Part 10 Fees and regulations Page 342 Reprint 11D effective 1 January 2010 150AA Regulating young drivers (Law Department Queensland Govt.) (Transport Operations (Road Use Management Act) 1995: Pg-345 -346) (1) A regulation made under this part, to the extent it is about the management of young drivers, may provide for the following— (a) standards about young driver skills and knowledge; (b) the training of young drivers; (c) the keeping and production of logbooks to record the driving experience of young drivers; (d) the retention of the logbooks mentioned in paragraph (c); (e) the testing and licensing of young drivers; (f) rules about licences held by young drivers, including, in particular, the circumstances in which, and the reasons for which, they can be cancelled or suspended or conditions imposed on them; (g) the granting of exemptions from conditions of licences; (h) the passengers young drivers may carry in vehicles; (i) the use of mobile phones and other similar forms of communication in vehicles driven by young drivers; (j) the vehicles that may and may not be driven by young drivers. (2) The following is not unlawful discrimination on the basis of age for the Anti-Discrimination Act 1991— (a) a provision of a regulation about the management of young drivers as mentioned in subsection (1), that is declared under the regulation as a provision that is not unlawful discrimination on the basis of age for the Anti-Discrimination Act 1991; (b) the doing of an act that is necessary to comply with, or that is authorised by, a provision declared under paragraph (a). Other than these to a certain extent certain provisions of the Motor Accident Insurance Act 1994 affect the minor if he is a claimant in a road accident claim. Community Attitude : The Community as a whole is supportive of the idea of regulation of the young offenders who may be involved or are suspectible of such on road behaviour that may result in fatalities and loss of precious life. There is a general feeling that the authorities, parents, community leaders, guardians, police officers and above all the government should play an proactive role in controlling and curbing such on road behaviour from the youth by providing practical solutions for the problem. (Marvic Butod : Use of PR Strategies to reduce mortality rates of young citizens) Stakeholders : The stakeholders in this whole exercise are the community as a whole, authorities, parents, guardians, police officers, government and the youngsters. Other than the youth everyone else is in agreement with the regulation of young drivers by raising of the legal driving age to 21 years. The youth it seems is divided in the middle as a number of them who act responsibly on the road feel that they should not be made to bear the burden of an act of few rash youngsters. The other group says that though the proposal is a bit harsh but in the overall benefit of the society and to curb drunken and rash driving particularly among the youth there is no harm in going ahead with it. (Queensland Police Report:Community Interactions) Communication Techniques : There are various techniques that can be used in communicating the message to the target group i.e. the youth. Traditional techniques include using press releases and organizing promotional events and distributing media kits. Hoardings and Bill Boards with relevant message can be installed at vital installations like in Universities etc. In contemporary times apart from Radio and TV campaigns Internet is also a strong medium to spread the message. Web sites like Facebook and Twitter can be used effectively as a technique for effective communication. (Gould,G.B.,Effective Communication:A fresh Perspective Pg:271) Support Agencies : Agencies that can play a vital role in this whole exercise can be the government, Queensland Police Department, NGO’s (Non Government Organizations) , Community groups, Queensland Transport Department, Publicity wing of the government, Centre for Accident Research and Road Safety, Hospitals, Healthcare institutions and media. (Queensland Police Report:Community Interactions) Confidentiality / Privacy Issues : The verification of age related details of a license applicant can be verified by the transport department from other sources that hold the private details of the applicant to corroborate the fact that the applicant is not under age. This issue can be raised by certain individuals. The procedure the agencies and authorities can adopt to deal with the protest is by adhering to the provisions of the Privacy Act and by explaining to the reasons for the collection of personal information and whether they are going to share it with anyone and by collecting the personal information in a fair and legal way. They must also ensure that the personal information remains secure in their domain. (Information Privacy Act,2009) Impact & Influence : If the message is driven across in the rightful manner that the reason for increasing the legal age of driving is the benefit of the community and society as a whole and also to prevent the precious young lives being lost in frivolous road accidents than it can be assumed that the media, lobby groups and the public opinion will be in favour of the decision to increase the legal driving age to 21 years. (Qld Premiere’s Office Report) Communication Strategies : More campaigns like ‘Save4Life’ strategy of the Queensland Police Service can be started that entails better participation of the youth and makes them a stake holder in the whole exercise. Different types of media like radio, Tv and the Internet can be used to spread awareness among the youth about the whole rationale behind the exercise and simultaneously driving home the point that safe driving pays and the youth should stay away from rash driving and driving under the influence of drugs and drinks lest they endanger there own and others lives. In addition to that Public Relation campaigns can be run by the government and the agencies to strengthen the support for this amendment. Communication strategies in this respect have to be more inclusive than exclusive to make the stakeholders feel that they are part of the process. (Queensland PoliceService :Use of PR Strategy) Impact on Police & Courts : Initially the decision to increase the minimum age for acquiring a driving license will impact the Police department as they are the ones who are responsible for the implementation of road safety. There will be increase in prosecution of the young drivers who are under 21 and are taking roads in a big way. It will involve a bit of diplomacy as well as strict implementation of the law to drive the message home. The Police department by engaging the youth in a big way should at first try to spread the message that the law has been amended so that the incidence of commiting an offence by ignorance of laws can be minimized. Secondly, the Police department will be equally responsible to run an awareness campaign before the notification of the new law so that more and more people should be aware about it before it comes in to operation. The presence of more cops on street in the begining and increased prosecution of the errant drivers will help in more compliance of the laws but at the same time it will be a increased burden on the Police resources and they will have to manage the other duties assigned to them like crime control to make an efficient show for improving the on road behaviour of the youth. (Qld Police Service) Alongwith, with the Police it will also increase the work load of courts initially as more and more young drivers can be tried for under age driving. The Courts should maintain a more human approach towards the young offenders by not fining them heavily and instead do it more as a deterrent so that the message is delivered in a proper way. (Qld Justice Deptt.) Legislative Process of Amendment: The law can be amended in Queensland by an simple act of Parliament. The provision under sec-8 of the Constitution of Queensland 2001Act provides the requisite power to the Legislative Assembly to amend an Act. (Constitution of Queensland 2001: Pg-12) According to Sec-5 of The Reprints Act,1992 if a law has been amended by omission or insertion of provisions than a reprint of law must show the amended law and it should incorporate all necessary and consequential amendments. (Reprints Act,1992 : Pg-7) Sec-49 of the The Reprints Act,1992 also lays down the necessary procedure to be followed after the amendment. (Reprints Act,1992 : Pg-38 &39) CONCLUSION It can be inferred from all the research and material on record that there is a need for amendment in the driving licensing laws of Queensland. The major objective here is the prevention of the precious loss of life due to the reckless and carefree attitude of the youth displayed on the roads. The statistics of the road mortality rates in Queensland as stated above bear testimony to that. There can be many factors behind the on road behaviour of youth but the major ones that have been identified are drug and drink induced driving. Despite many campaigns against such behaviour the message never had the desired impact. It was deduced that young age and lack of maturity leads to sane words being ignored by the youth. So in the light of prevalent circumstances and various studies conducted by scholars, NGO’s, authorities and government etc there can be a consensus on this issue in the larger interest of the society, community as a whole and youth in particular. The objective behind this study and report was to analyze and recommend if there is a need for such an amendment. In the light of the circumstances and the material on record it can be very fairly recommended that there is in fact a need for the amendment in driving laws and the legal driving age should be raised to 21 years. In addition to that a massive PR and media campaign should be run to educate the youth about the current law and also to dissuade them from indulging in any kind of adventure while taking on the roads. REFERENCES/BIBLIOGRAPHY Motor Accident Insurance Act 1994 Accessed on 1st April 2010. Transport Operations (Road UseManagement—Driver Licensing)Regulation 1999 Accessed on 1st April 2010. Transport Operations (Road Use Management) Act 1995 Accessed on 1st April 2010. Anti Discrimination Act 1991 Accessed on 1st April 2010. Transport Deptt : Young Drivers Accessed on 30th March 2010. PR Strategies : Queensland Police Accessed on 30th March 2010. Queensland Road Toll Weekly Report Accessed on 30th March 2010. Queensland Government Accessed on 30th March 2010. Queensland Youth-On the Road Accessed on 30th March 2010. Transport Deptt :Road Safety Accessed on 30th March 2010. Accessed on 29th March 2010. Accessed on 29th March 2010 Accessed on 29th March 2010 Pricavcy Act Accessed on 29th March 2010 Constitution of Queensland 2001 Accessed on 29th March 2010 Information Privacy Act,2009 Read More