Repeat traffic offenders (NSW)

[find_bruce]

The issue of repeat traffic offenders is to be considered by the NSW Sentencing Council. As I know this is a regular topic on this forum, I thought I would post it here. The terms of reference are:

The Sentencing Council is to review the sentencing of recidivist traffic offenders who may pose an ongoing risk to the community and make recommendations for reform to promote road safety. In conducting the review, the Council should:

1. Provide sentencing statistics on such offenders and analyse them in terms of relevant offender characteristics;
2. Consider the principles the courts should apply when sentencing such offenders;
3. Have regard to the availability of, and relevant findings on, driver intervention programs and other initiatives in NSW and other comparable jurisdictions;
4. Consult with road safety and other experts, and consider international best practice, on how best to deter recidivist traffic offenders from reoffending and encourage safe driving practices; and
5. Have regard to any other matter the Council considers relevant.

At this stage they are taking preliminary submissions, due by Friday 8 June 2018. If you want to make a preliminary submission the process starts on this web-page

[Jmuzz]

Pink L plates for life.

[find_bruce]

If you are interested, there is now a consultation paper. There are only two references to cycling,

1.66 The NSW Road Safety Strategy 2012–2021 is underpinned by a safe system approach that focuses on the need for safer roads, safer vehicles, and safer speeds as well as safer road users. Repeat driving offenders are part of a much wider group of road users that includes all drivers, passengers, pedestrians and cyclists. Sentencing is only one approach to modifying the behaviour of repeat driving offenders.

and

3.34 A consideration of speed is not limited to considering how far above the speed limit a person was driving. Context is important. For example, a court, in determining the objective seriousness of an offence of dangerous driving, was entitled to take into account the fact that the offender was driving at 70km/h in the vicinity of a group of cyclists.

This is a reference to the case of Kerr v R [2016] NSWCCA 218 which concerned Thomas Kerr who drove his 4wd into a group of cyclists from Eastern Suburbs Cycling Club who were riding along Southern Cross Drive in March 2014, not to be confused with the group of cyclists from Eastern Suburbs Cycling Club who were hit whilst riding along Southern Cross Drive in December 2016.

Thomas Kerr has a 2009 conviction for mid-range drink driving followed by a 2 year disqualification in 2010, which included using a mobile phone whilst driving. He was sentenced to 27 months in prison with a non-parole period of 18 months.

The deadline for submissions is 22 March 2019

[AdelaidePeter]

I'm not in NSW but I'd like to see longer disqualifications of licenses; and random police checks on people with DQ'd licenses to ensure they comply.

I realise the random checks might not be cheap, but I know police sometimes do it for other, more minor, offences. And it's a lot cheaper than locking them up later on when they commit another driving offence, not to mention the community cost of road deaths and injuries.