Fact Sheet 23 - Safer Road Users - Legislation, enforcement and penalties

Overseas research suggests that there is a clear connection between countries with good enforcement levels and good road safety performance (Janitzek and Townsend 2006, p6).

While education and engineering countermeasures help provide longer-term road safety improvements, effective enforcement can achieve crash reductions in the shorter term and is viewed as a cost-effective means of enhancing road safety (Janitzek and Townsend 2006, p9).

General traffic enforcement consists of on-road activities to discourage unsafe and irresponsible driving behaviour by detecting a range of offences and applying penalties including a demerit point scheme and monetary fines. Deterrence-based enforcement by conventional means can be very effective in achieving behavioural change (Edmonston, Dwyer and Sheehan 2002, p37).

Technology to monitor and detect traffic infringements has assisted in the enforcement process and provided the potential to free up police for deployment to other duties. It is expected that there will be wider application of these technologies in the future (e.g., fixed speed cameras at high-risk locations), point-to-point cameras and other automatic number plate recognition devices, and smart licences/cards to identify drivers under certain conditions or repeat offenders to police.

It is important, however, that enforcement measures be balanced between:

• Camera-detected and face-to-face interventions, particularly for speeding offences to promote deterrence; and
  
• Resources devoted to speeding offences and other risky driving behaviours.

RACQ members clearly support a greater police presence (visible and unmarked) on Queensland’s roads. The RACQ agrees that this physical presence should be complemented, not replaced, by automated/remote enforcement methods.

The loss of demerit points and monetary fines can have a limited effect as a deterrent for repeat offenders who continue to drive unlicensed after they have lost their licences, as well as for those drivers who have a lack of transport options.

There is currently only limited use of other intervention programs in Queensland. Although there has been an expansion of the number of offences for which vehicles can be impounded/forfeited in recent years (e.g., ‘hooning’ offences, driving an unregistered and uninsured vehicle, driving while unlicensed or disqualified, driving with a BAC of 0.15% or more, driving while under 24 hour suspension from another drink driving offence, failing to supply a specimen of breath or blood, or driving an illegally modified vehicle), other possible interventions include incentives for displaying improved behaviour and mandatory attendance of driver improvement/rehabilitation programs for multiple violations/crashes.

Priorities: Legislation, enforcement and penalties

1. Enhance the use of police resources and enforcement efforts, using both conventional and automated methods, to target high-risk groups and problem locations while achieving a more widespread coverage of Queensland’s vast road network.
   
   
2. Increase high-visibility, year-round on-road police patrol presence, targeting high-risk days, times and locations (particularly weekends), and enforcing all road rules – not just speeding and drink driving.
   
   
3. Set penalties appropriate to the severity of the offence, improve awareness of penalties, and apply them swiftly and uniformly all-year-round with minimum use of exemptions.
   
   
4. Research and trial alternatives to demerit points and monetary fines as penalties, while considering incentive programs to more directly reward motorists for safe driving.
   
   
5. Coordinate enforcement with public education activities that focus on safe interaction of road users.
   
   
6. Evaluate existing methods of enforcement, e.g., red light/speed camera programs, and modify the programs to ensure that they offer maximum road safety benefit.
   
   
7. Introduce mobile Automatic Number Plate Recognition technology to assist in deterring and detecting drivers who drive unregistered or stolen vehicles, or drive while unlicensed.
   
   
8. Develop an Automatic Number Plate Recognition steering committee for Queensland, incorporating relevant stakeholders from organisations such as the Department of Transport and Main Roads, Queensland Police Service and RACQ to develop policy for the use of the technology in relation to road safety goals.
   
   
9. Increase the number of unmarked ‘Q-Cars’ on Queensland roads to promote ‘any time, anywhere’ enforcement of all Queensland road rules.
   
   
10. Examine the application of other technological options to monitor and improve road user behaviour, especially for repeat offenders.
    
    
11. Make it compulsory for all drivers and riders to carry a valid driver’s licence and produce it on demand to curb unlicensed driving, e.g., a smart licence to display current status.
    
    
12. Develop and implement best practice rehabilitation programs for repeat offenders.
    
    
13. Review existing legislation to ensure cyclists can be charged with serious offences similar to those applied to drivers.
    
    
14. Direct all net revenue from traffic enforcement back into road safety initiatives.
    
    
15. Ensure that introduction of new enforcement technologies does not diminish the role of the police officer as a deterrent.

References

Edmonston, C., Dwyer, J. and Sheehan, M., 2002, Progress Report 1: Literature Review - Road Safety in Rural and Remote Areas of Australia, CARRS-Q, Brisbane, Queensland, Australia.

Janitzek, T. and Townsend, E. 2006, Traffic Law Enforcement across the EU: Time for a Directive, European Transport Safety Council, Brussels, Belgium.

Market and Communications Research December 2008, RACQ Safety Policy Survey: Quantitative Research Report, Market and Communications Research, Spring Hill, Queensland, Australia.

Contact

For more information contact RACQ Traffic and Safety on 1300 853 658 or 07 3872 8925, or email traffic@racq.com.au.