Landmark new road safety laws will pass State Parliament today, paving the way for tough new penalties to tackle driving which results in death or serious harm.
The Statutes Amendment (Serious Vehicle and Vessel Offences) Act 2023 delivers on a commitment made by the Government to introduce legislation in the wake of the tragic death of Sophia Naismith.
Sophia Naismith’s family have advocated for law reform so that such a tragedy can be prevented from happening to another family.
The new laws include establishing a new mid-tier indictable offence of causing death or serious harm by careless use of a vehicle or vessel, effectively raising the maximum penalty available for such conduct from 12 months imprisonment to 5 years imprisonment for a basic offence, and 7 years imprisonment for an aggravated offence. Circumstances of aggravation include driving under the influence of alcohol or drugs, and will require the courts to impose a minimum 3 year licence disqualification.
The suite of reforms also includes a new licence class for people who drive ultra high-powered vehicles, prescribed by regulation as having a power to weight ratio of 276kW/t or higher.
The creation of a further new offence, that will attract a fine of up to $5,000 where a person disables automated safety systems on ultra high-powered vehicles, will further bolster road safety.
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Attributable to Kyam Maher
Sophia Naismith’s tragic death highlighted serious problems with our current laws where driving conduct causes death or serious harm.
These problems included the lack of an offence that takes into account driving that does not meet the threshold of ‘dangerous’ driving, but warrants tougher penalties than those available at the lower level of offending.
In addition, these reforms will ensure people who drive ultra high-powered vehicles take greater responsibility for their actions while making sure that authorities have the power to prosecute those who flout our road laws and put others’ lives at risk.
Far too many South Australian families have been impacted by these tragedies. I’d again like to extend my condolences to Sophia Naismith’s family, and thank them for their courage and ongoing advocacy.
