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Copy of Young Drivers and the Law

Legal Studies Year 11 Task 2
by

Aston Mammone

on 2 June 2013

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Transcript of Copy of Young Drivers and the Law

by Aston, Rosemary, Aymen, and Alex Young Drivers and the Law Agencies Mechanisms Effectiveness The NSW Government then announced new L-Plate laws, stating that from the 1st of July 2013, learner drivers in NSW would need to complete fewer hours of supervised driving before being eligible to sit for their Ps. NRMA Motoring & Services President Wendy Machin, believes that “the new Safer Drivers Course would provide learner drivers with the much-needed option of supplementing supervised driving hours with training on specific safety issues. “ (NRMA Motoring News, 18th March 2013).
The reduction of 40 logbook hours will also help relieve family stress and ensure that young drivers would have ample ability to handle themselves on the road. Conditions Families do not have the time necessary to help young drivers build up the requisite hours (NRMA Motoring News, 18th March 2013).
Many drivers were forging their hours to meet the required 120 hours and as a result, many young drivers would be inexperienced on the roads, contributing to the high level of young driver fatalities. Reforms L-plate laws to be initiated by the NSW government on the 1st of July 2013 which has been reformed from the Graduated License System under the Road Transport (Driver Licensing) Regulation 2008

Anti-Hooning legislation in the Road Transport (General) Amendment (Vehicle Sanctions) Act 2012 Various agencies have been involved in reform of laws for young drivers in regards to L-Plate laws. The NRMA are a vital agency in law reform for young drivers. The NSW Government has been a prominent mechanism in the updating and application of the new proposed Law reforms. The Road Transport (Driver Licensing) Regulation 1999 was implemented on the 1st of March
- To assist in providing a consistent administration and enforcement of a driving licensing system throughout Australia
- To ensure young drivers were capable to handle themselves on the road Learners licence: 16 years and 9 months of age.
Provisional licence: L plate driver must complete a total of 50 hours of supervised driving.
Statistics gathered a year after its enactment, with 26% of all drivers involved in fatal accidents were aged 17-25.
( "Road Traffic Accidents in NSW–2000 Statistical Statement") The Graduated Licensing System
-Under 21 but over 16 who apply for a provisional licence to have held a learner permit for at least 12 months and to have logged a minimum of 120 hours of supervised driving, increasing the total hours by 40.
The NSW Government then announced new L-Plate laws, stating that from the 1st of July 2013, learner drivers in NSW would need to complete fewer hours of supervised driving before being eligible to sit for their P's. Safer Driving Course or opting for professional lessons offered by the NRMA Safer Driving School
L-Platers to cut their number of compulsory supervised hours down to 80 from the current 120, as well as increasing the speed limit from 80km/h to 90km/h. The aim of the NRMA is to cover everything necessary for the advancement and protection of motorists in all circumstances.
The NRMA provide programs for young drivers (L platers and P platers) to become familiar with the road laws and to help them become more confident drivers. AAA The AAA provide programs like ANCAP, AusRAP, Australia’s best cars and Keys2drive to insure the safety of cars and drivers on the road, especially important for young drivers.
Through lobbying for improved education on safety, focusing on easily influenced young drivers, they have contributed greatly in raising awareness for the Grand Licensing System to be reformed accordingly to the needs of such drivers. Australian Automobile Association This reform will be applied on the 1st of July, amending the Road Transport (Driver Licensing) Regulation 2008, to allow the reduction of hours from 120 to 80 and increasing the maximum speed from 80km/h to 90km/h. Another integral law reform mechanism in the amendment of L-Plate laws is the Road and Maritime Services (RTA). The RTA provides numerous other services to ensure the smooth enactment and application of the new reform when it becomes enforced in July 1st 2013. This includes research projects in order to develop and implement a behaviour change and attitude to safe driving for the successful transition from a learners licence to a provisional licence. The commitment of the RTA to safety of young drivers is highlighted through Youthsafe. These mechanisms and agencies of law reform maintain a strong connection in the decision making based on the conditions we are all faced with. The new reforms of the Graduated Licence Scheme allow Learners to drive at 90km/h rather than 80km/h. This can be seen as beneficial for young drivers, as with their parent or supervisor, L drivers will be able to learn how to drive at higher speeds in various conditions, allowing for greater individual driving capabilities once these young drivers are able to drive by themselves on their provisional licence. In 2005 the Road Transport (General) Act 2005 No 11 was enacted by the NSW government.
This legislation aimed to discourage and prevent “hooning” such as burnouts, fishtails, and more importantly street racing.
-Heavy fines of $3,300,
-License suspension and
-Confiscation of any vehicle involved in a street racing offence. This was later amended through the Road Transport (General) Amendment (Vehicle Sanctions) Act 2012.
Enacted since the 1st of July 2012, it continues to apply the existing offences of street racing and aggravated burnout offences. Previous legislation failed to recognise serious speeding offences. Although those caught speeding are severely punished, their cars underneath the Road Transport (General) Act 2005 No 11 would not be confiscated, therefore once their license is renewed, they would still have the means to continue the dangerous practice of speeding, thus further endangering those on the road.
This can be seen again through numerous statistics, with speeding being the biggest killer of young drivers, with 80% of those being male. (Young Drivers Database) Fatal accidents act as further needs for law reform in anti-hooning legislation.
Alexander Booth, an 18 year old P-plater was travelling at 150km/h whilst intoxicated. His friend, Lee Davy was travelling in the passenger seat. Evading the police twice, he lost control of his car. In the crash, Lee Davy unfortunately lost his life. (Herald Sun May 23, 2013) The Department of Infrastructure and Transport provides strategic policy advice to the Government.
National statistics on fatal road crashes are published each month in the Road Deaths Australia Database.
Through lobbying for a National Road Safety Strategy in 2010, they have been able to raise awareness for driver behaviour, seen through their research.
This aims to reduce the number of deaths on the roads, as behaviour including the participation of hooning activities have lead to an increase in accidents and fatalities.
Austroads have implemented various safety objectives in order to prevent death and serious injuries through a comprehensive research on safe road users.
These projects address the requirement for the needs of reforms in law to ensure maximum safety for drivers in order to reduce death toll on the roads especially in young drivers who engage in dangerous hooning activities based on crash risk assessment. There are various mechanisms involved in the application and changing of anti-hooning legislation.
The main body in the law reform process of anti-hooning legislation is the NSW Government.
Through the use of their residual powers, they were able to amend the previous anti-hooning legislation of the Road Transport (General) Act 2005 No 11 to the Road Transport (General) Amendment (Vehicle Sanctions) Act 2012, allowing the offences of engaging in a police pursuit and speeding by more than 45km/h to be included in the punishments. The courts are another vital mechanism in the reforms of anti-hooning legislation. The courts are responsible for sentencing in accordance to the Road Transport (General) Amendment (Vehicle Sanctions) Act 2012. These punishments include the maximum court imposed fine for an aggravated burnout offence or street racing offence of $3,300 for a first offence and $3,300 and/or 9 months imprisonment for a second offence. A 12-month automatic period of disqualification also applies following conviction for the offence. The NSW police have the power to confiscate licenses and the vehicle of the driver if caught engaging in hooning activities such as street racing. This also includes the new reforms of speeding over 45km/h and evading police. Another prominent mechanism in the law reform is the NSW Police.
The legislation failed to recognise serious speeding offences where young offenders continued speeding with their own cars that would not be confiscated.

As a result, this law was amended through the Road Transport (General) Amendment (Vehicle Sanctions) Act 2012, including the offences of engaging in a Police Pursuit and speeding more than 45km/h over the speed limit in its existing offences. Heavy punishments acting as a sever deterrent for young drivers to engage in hooning activities as well as:
-excessive speeding included in the reform,
-reducing the number of dangerous drivers on the road,
-saving the lives of not only young drivers but others on the road. An example of its recent effectiveness was shown when a 19 year old P-plater, who obviously showed no regard to safety, was recorded speeding double the speed limit at 198km/h. His car was instantly impounded for 30 days under the new hoon legislation (Sydney Morning Herald, May 5 2013). The Department of Infrastructure and Transport provides strategic policy advice to the Government. National statistics on fatal road crashes are published each month in the Road Deaths Australia Database. This information has had a major influence on anti-hooning legislation reforms, as it provides conclusive evidence into the needs for reform due to the high level of young fatalities on the road. AAA
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