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Inquiry into the Road Safety Amendment (Car Doors) Bill 2012 Final ...

Inquiry into the Road Safety Amendment (Car Doors) Bill 2012 Final ...

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Findings<br />

Finding 1<br />

Findings<br />

The offence proposed by <strong>the</strong> <strong>Bill</strong> already exists in <strong>the</strong> <strong>Road</strong> <strong>Safety</strong> <strong>Road</strong> Rules 2009.<br />

Following changes made to <strong>the</strong>se regulations on 31 July <strong>2012</strong>, <strong>the</strong> maximum penalty for <strong>the</strong><br />

offence has been increased to 10 penalty units in line with <strong>the</strong> increased penalty proposed<br />

by <strong>the</strong> <strong>Bill</strong>.<br />

Finding 2<br />

[Chapter 2]<br />

The penalties for <strong>the</strong> offence of ‘car dooring’ under <strong>Road</strong> Rule 269(3) that were in force<br />

when <strong>the</strong> <strong>Bill</strong> was referred to <strong>the</strong> Committee (an infringement notice of 1 penalty unit and a<br />

maximum Court-imposed penalty of 3 penalty units) were insufficient and not proportionate<br />

to its potential risks and consequences. The increased penalties (an infringement notice of<br />

2.5 penalty units and a maximum of 10 penalty units) are more appropriate and are better<br />

aligned with <strong>the</strong> gravity of <strong>the</strong> offence.<br />

Finding 3<br />

[Chapter 3]<br />

There are strong arguments both for and against <strong>the</strong> introduction of demerit points for <strong>the</strong><br />

offence. The Committee was unable to reach agreement as to whe<strong>the</strong>r it is appropriate to<br />

attach demerit points to <strong>the</strong> offence at this time.<br />

[Chapter 3]<br />

5

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