Road Transport Legislation Amendment (Car Hoons) Bill 2008

The Hon. PENNY SHARPE (Parliamentary Secretary) [5.21 p.m.], in reply: I thank honourable members for their contributions to the debate. The Road Transport Legislation (Car Hoons) Bill 2008 amends current street racing and burnout provisions with respect to drivers, registered operators of motor vehicles involved in street racing, burnouts and aggravated offences. Members who participated in the debate raised a number of issues and I will try to address each in turn. In reply to claims that the New South Wales police currently do not have the resources to respond to offences dealt with in the bill, I inform the House that the police are enforcing laws. On average, police are confiscating approximately 300 cars each year. I am advised that in 2005 police caught 2,620 people who were committing street racing and burnout offences. In 2006, police caught 2,499 people, and up to 1 November 2007, police caught 1,977 offenders.

People may be aware of Operation Taipan, which is a high-profile police operation targeting illegal street racing and burnout, antisocial driver behaviour, and vehicle as well as general traffic law compliance in the Sydney metropolitan area. Operation Taipan comprises 18 vehicles and 36 police officers. Operation Taipan commenced on 22 August 2007 and is currently scheduled to run until April 2008. From its inception to February 2008, police have confiscated 28 vehicles, laid 597 charges, made 286 arrests, and issued 1,515 speeding infringements, 5,210 traffic infringements and 502 vehicle defect notices, stopped 13,044 vehicles for random breath testing, and charged 100 people with drink-driving offences.

In response to issues raised about extra highway patrol resources that may or may not be needed, I point out that the Iemma Government has committed to the appointment of an additional 50 highway patrol officers in this term of government. This builds on the extra 100 officers who already have been allocated to the highway patrol from the January 2007 New South Wales Police Force intake. Highway patrol officers are very dedicated in the manner in which they carry out their jobs and in the way they currently enforce the laws, and they will continue to do that after this legislation is passed.

In response to claims made by Ms Lee Rhiannon that the Government is doubling up on existing laws, the Government believes her assertions are inaccurate. The bill makes it clear that many of the offences already exist. The Government's position is, and always has been, that the penalties do not match the seriousness of the offence, and it is penalties with which this bill primarily deals. Ms Rhiannon also raised the appeals process. An appeals process currently exists. People will be able to appeal to the Local Court, but they will need to meet stringent tests to overturn a decision of the police or the Roads and Traffic Authority.

In response to the issue concerning witnesses and people who are subject to the same penalties as are people who commit the offences, I point out that the new penalties are designed to target active participants in hoon activities. A person does not have to be the one who is behind the wheel of the car to be charged with an aggravated burnout offence. If a person is standing on the side of the road cheering on the cars, or sitting in the back seat of the car, urging the driver on, then that person is just as guilty as is the driver. If a person drove a car 10 minutes before police arrive, that person is just as guilty as is the driver. Section 40 of the Road Transport (Safety and Traffic Management) Act already includes this provision: a person must not organise, promote or take part in an illegal street race. A truly innocent bystander has nothing to fear from the new laws.

In relation to crash testing of vehicles, I point out that not all forfeited vehicles will be used for crash testing. The discretion to sell a forfeited vehicle or to use it for crash testing will lie with the Roads and Traffic Authority. Crash testing is a targeted, high-impact strategy that is directed at drivers who have invested time and money in their vehicles and for whom the prospect of having their vehicles smashed would act as a significant deterrent to engaging in hoon activity. Crash testing of selected vehicles also will enable the Roads and Traffic Authority to investigate the impact of vehicle modifications on vehicle safety during an accident.

The Leader of the Opposition in the Legislative Council, the Hon. Michael Gallacher, claimed that the police would inappropriately clamp people's vehicles around the streets of Greater Sydney and throughout New South Wales, but that is incorrect. A vehicle will be able to be clamped, either at the owner's home, a public place, or in the clamping agent's yard. If none of those options are feasible, police will impound the vehicle. Police, who will exercise discretion, will determine the location of wheel clamping. This legislation places a duty of care on police officers and other clamping agents in respect of the other vehicle.

The Hon. Catherine Cusack, and the Hon. Lynda Voltz by a different method, raised menacing driving. I state for the record that the offence of menacing driving, as described by the Hon. Lynda Voltz, already exists. Section 43 of the Road Transport (Safety and Traffic Management) Act 1999 already provides significant penalties for that offence. In the case of a first offence, the penalty is 30 penalty units or imprisonment for 18 months, or both. In the case of a second or subsequent offence, the penalty is 50 penalty units or imprisonment for two years, or both. There is another offence, the possibility of menace, with which the bill does not deal. I simply make the point that there is already a significant offence on the statute books related to menace.

In response to Mr Ian Cohen's questioning why the Government is not cracking down on other road offences, I point out that that is simply not the case: a number of activities have taken place and the penalties applying to road offences are always under review. The bill addresses hoon driving and the apparent shamelessness of those engaged in it. It is also about increasing penalties, and the Government makes no apologies for that. I commend the bill to the House and thank honourable members who contributed to the debate.