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

3. Penalties
3.1 Background
Chapter 3: Penalties
At the time the Bill was referred to the Committee, a ‘car dooring’ offence, as specified in Road
Rule 269(3) of the Road Safety Road Rules 2009, had a maximum penalty of 3 penalty units. The
Road Safety (General) Regulations 2009 set an infringement penalty, or on-the-spot fine, of 1
penalty unit. On 31 July 2012, the regulations were changed to increase the maximum penalty for a
breach of Road Rule 269(3) to 10 penalty units and increased the infringement penalty to 2.5
penalty units.
The Bill proposes a maximum penalty of 10 penalty units (which has since been implemented) but
does not propose a change to the infringement penalty. The Bill also proposes the addition of three
demerit points to the offence. At the present time, demerit points are not attached to offence.
In advertising this Inquiry, the Committee asked for public submissions on whether the increased
monetary penalties and the addition of three demerit points are appropriate.
3.2 Penalty units
There are a number of road safety offences in Victoria that attract a maximum of 10 penalty units.
These offences include:
not stopping for a red traffic light or arrow; 61
not stopping at a stop sign; 62
not stopping at a children’s crossing; 63
disobeying ‘no overtaking’ signs; 64
stopping behind a stopped tram at a tram stop; 65
not wearing a seat belt; 66
stopping for a red bicycle crossing light; 67 and
disobeying direction from a police officer or authorised person. 68
In its submission to the Committee, VicRoads stated that the current fine for Road Rule 269(3) was
set as a result of a review undertaken of fine levels in 2008. 69 Further, VicRoads stated: 70
VicRoads undertook significant work to align the fines imposed by traffic offences with
their potential crash risk. To maintain the current structure where offences carrying a
similar risk have a similar monetary penalty, the maximum court penalty for other
similar risk offences involving cyclists would need to be reviewed to maintain this risk
based alignment of monetary penalties.
3.2.1 Evidence received by the Committee
The Committee received a range of evidence via submissions and public hearings. Of the 94
written submissions received, the majority commented on whether the maximum fine should be
increased:
67 supported the increase to 10 penalty units;
22 did not express a view;
61 Road Rule 56.
62 Road Rule 67.
63 Road Rule 80.
64 Road Rule 93.
65 Road Rule 163.
66 Road Rule 265.
67 Road Rule 260.
68 Road Rule 304.
69 VicRoads, Submission No. 76, p. 6.
70 VicRoads, Submission No. 76, p. 6.
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