12-14-2004, 05:11 PM
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<----Snappin' Pussy
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Join Date: Apr 2001
Location: Queensland, Australia
Posts: 106,936
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Road Safety (Amendment) Bill ~ Parliment of Victoria
***"This bill is part of a package of legislative and policy initiatives that the Bracks government is taking under its Road Safety 2000 campaign to achieve a significant reduction in the road toll over the next five years.
The provisions of the bill concerning drugs arise from the recommendations of the parliamentary Road Safety Committee as a result of its inquiry into the effects of drugs (other than alcohol) on road safety in Victoria. It is the policy of the present government to expedite the implementation of those recommendations which were made more than three years ago, in 1996.
The Road Safety Committee expressed concern at the increasing incidence of drug-driving and the potential impact on road safety in this state. In its report, the committee indicated that the annual cost of the road toll attributed to road crashes where drugs alone or drugs mixed with alcohol were present was $143 million or one-eighth of the state's road toll.
The new offence of driving or being in charge of a motor vehicle while impaired by a drug will be in addition to existing offences such as culpable driving and driving or being in charge of a motor vehicle while under the influence of intoxicating liquor or any drug. These are serious offences but have limited effect in combating the problem of drugs and driving as they are usually prosecuted after a serious accident has taken place. There are people driving motor vehicles who have taken drugs, and whose driving is impaired but who will not necessarily have had an accident. The new offence will enable these people to be dealt with much more effectively.
The bill defines impairment to mean that the driver's behaviour or appearance is such as to give rise to a reasonable suspicion that he or she is unable to drive properly. Drivers whom the police suspect are impaired will be required to undergo an assessment of drug impairment.
If the assessment indicates that the person may be impaired by a drug or drugs, the person will be required to provide a sample of blood and/or urine. The procedure to be followed in assessing drug impairment will be specified in the Government Gazette. Performance on the assessment of drug impairment will be videorecorded unless the prosecution satisfies the court that there are exceptional circumstances for not doing so. If a person is charged with driving while impaired by a drug, a copy of any video record will be provided to the person. The person will also receive a copy of a written report on the assessment of drug impairment."
***The bill
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