Police will have the power to immediately fine first-time low-range drink drivers $800 and confiscate their licence for six months under new road safety legislation, the ACT Government announced today.
As in other states, including NSW and Victoria, police will not need to attend court hearings.
“This increased penalty will provide a strong deterrent while at the same time giving ACT Police more time to focus on more serious offences, including higher range drink driving,” Chris Steel, ACT Minister for Transport and City Services, said.
A new combined drink and drug driving offence will be introduced, with much higher penalties than for separate drink and drug driving offences. Police will be able to test drivers for cocaine.
Fatal crashes are 23 times more likely when drivers are both drunk and high, Mr Steel noted.
“Drink or drug driving is not tolerated on ACT roads, and these dangerous behaviours will be targeted under these new laws,” Mr Steel said.
“Driving while under the influence of drugs or alcohol affects judgement and decision making, slows reaction time, reduces attention span, and is often combined with other risky behaviours like speeding.”
Between 2010 and 2020, 40 percent of all drivers involved in fatal collisions had either alcohol or an illicit drug in their system, or both.
Alex Caruana, president of the Australian Federal Police Association (AFPA), said the new laws were welcome, would save lives, and resulted from close consultation and collaboration between the AFPA and the ACT Government.
“We thank Minister Steel and the ACT Government for introducing these new laws. We have had some productive discussions with the Minister and his staff about road safety, and it’s pleasing to see some of those discussions come to fruition.
“Last year was a horror year on ACT roads with 18 deaths recorded. This was the worst year since 2005, which recorded 26 fatalities.
“These amendments follow up on those very strong prior amendments passed in 2022 directed at dangerous driving behaviours. It’s pleasing to see the ACT Government be proactive with road safety legislation.
The new provisions for low-range, first-time drink drivers would foster road safety while removing some workload from an already stretched court system, Mr Caruana said.
“I think it’s fair that a low-range, first-time offender can accept liability for the offence and immediately start their suspension without the burden of facing a judicial process. Obviously, people need the right to appeal or fight the charge, and they’ll still be able to do so under this new infringement notice regime.
“Our members tell us that low-range, first-time drink drivers have usually made an error in judgement, aren’t recidivist offenders, and are very often highly embarrassed by the incident. Starting their licence suspension immediately benefits them in the long run; while not driving for six months is tough, it’s a valuable lesson learnt without having to go to court.”
The Road Safety Legislation Amendment Bill 2023 is the next stage of the ACT Government’s review of road transport penalties to ensure they are proportionate both to the risk of harm on roads and to other offences.
The first stage was the Road Safety Legislation Amendment Bill 2022 targeting dangerous driving behaviours, such as high range speeding, hooning, and street racing, which the ACT Government passed in June. It allowed police to immediately suspend the licences of drivers who exceeded the speed limit by more than 45 kilometres per hour, and to seize and impound their vehicle.
Since then, ACT Policing have suspended the licences of more than 150 dangerous drivers.
The ACT Government is developing a program to support at risk youth, and reduce dangerous driving.
Over summer holidays, a campaign will highlight the ACT Government’s zero tolerance stand on drink and drug driving, and remind the community ACT Policing can pull drivers over anytime, anywhere, Mr Steel said.
For further information on the new reforms, visit www.cityservices.act.gov.au/roadsafety.
