DEAR MR BRUMBY and careless driving

Dear Mr Brumby,                                                                                    8/07/2008

 

This letter is in regard to the new on the spot fines that you have

unveiled.

Our concern is with the Traffic Infringement Notice that will be given to

a driver for careless driving.

 We know that you have excluded learner and probationary drivers

from this, but we are very concerned about the message this will send

 about road trauma and its causes.

Full licence drivers should not be singled out to escape this as a charge.

 It is just as dangerous for them to be careless as it is a probationary

and learner drivers.

The exclusion doesn’t make sense from a road safety point of view.

 

Many major causes of road trauma have already been ‘dumbed down’

 

 to  ‘minor traffic offences’  and we see this TIN for careless driving as

 

further diminishing the message that is sent to the community,

 

 particularly the drivers who make a choice to ignore road laws.

Summary offences

A summary offence is a minor offence and may be heard in the absence

of the defendant.

This type of hearing is called an ex-parte hearing.

Summary offences include                     

 road traffic offences (for example, careless driving, drink driving and

unlicensed driving)                     

   minor assaults                      

 property damage

If you use the above and look at what has been included as a

 minor offence you will see why we are further concerned by

 careless driving becoming a TIN, what is next? 

    You have already made drink driving a minor offence and

then wonder why drivers continue to drink and drive.

  Especially young drivers who haven’t grown up with the

changes to the laws re drink driving. As it stands now a recipient

 of a TIN does not have to appear in court, unless of course

 they would like to dispute the notice.It happens sometimes

that a driver is charged with careless driving even when a

 death has occurred as a result of that driving. 

   So what will happen now?

Are we going to have drivers given

a Tin for killing people?

What about the cases where a charge of

 culpable driving or dangerous driving is downgraded by a

magistrate to careless driving? 

 What will the status of careless driving be then?

Just a TIN for taking somebodys life?

 You have described Careless driving as the following. 

 What type of conduct does careless driving cover?

Careless driving describes a person who is driving while inattentive or distracted.

1/   A person is driving carelessly if he or she fails to exercise the degree
of care and attention that a reasonable driver would exercise in the circumstances.

2/   Careless driving includes, but is not limited to, driving that results in a rear-end collision or the vehicle running off the road.      It encompasses a range of behaviour that reduces a driver’s alertness and concentration.               

 Some of the behaviour that can give rise to careless driving is

3/  engaging with passengers

4/  using technology or an in-vehicle entertainment system, such as a CD player, radio, or satellite navigate system

5/      looking or reaching down to pick something up, applying make-up, or consulting a street    directory

6/      taking your eye off the road to focus on some external, environmental feature or event.

These are all the very reasons that can cost innocent people their life!  

 Technology—what about the mobile phone? 
By doing this you are sending the message to the next

generation of drivers that they are not expected to be diligent

behind the wheel.   This is why we have a road toll. 

  We are becoming concerned that some decisions about

penalties for abuse of road laws are in total contrast to the

messages about road trauma. What is ’’ a range of behaviour

that reduces a drivers alertness and concentration”   this could

be drink/drug driving or fatigue? 

 It also says that careless driving is all of the above  ‘’but not

limited to’’  -- which opens up just about any serious driving

 offence to be described as careless driving and be dealt with 

  by a TIN.

Maybe the question should be what will not be

eventually classified as careless driving?

Road safety appears to

 be getting out of balance.  You are telling drivers not to do

certain things because they may lose their licence and could

cause a crash and yet at the same time you are removing the

seriousness of the of road laws by downgrading penalties to a

mere  Traffic Infringement Notice. 

  Could we please have a clarification of the reason for the downgrading of careless driving to a Traffic Infringement Notice and its relevance to road safety?