Victoria Introduces Bill To Strengthen Penalties For Drink & Drug Driving Offences 

“Drink-driving remains a key cause of road trauma. Victoria has had great success over several decades in combating the trauma caused by drink-driving. We continue to lead the country in our strong stance against drink-driving. Sadly, despite our achievements in this area, last year we saw a rise in drink-driving deaths. This reversal is troubling and it must be halted.

The Andrews Labor government is continuing to work hard to address this important issue and the launch of Towards Zero in May 2016 reflects our determination to eliminate road trauma. It is simply not good enough in 2017 to accept any number of deaths or serious injuries on Victoria's roads. Towards Zerosets an ambitious target to achieve less than 200 fatalities and a 15 per cent reduction in serious injuries on Victorian roads by 2020.” [Mr Donnellan, Second Reading Speech to the Bill]

2. Chapter 2 amends the Road Safety Act 1986—
1. to implement reforms aimed at reducing deaths and injuries on Victorian roads including—
1. the cancellation of a driver licence or learner permit and disqualification for a minimum period following a finding of guilt or conviction for any drink-driving offence; and
2. the imposition of a mandatory alcohol interlock condition on any driver licence or learner permit granted following a disqualification because of a drink-driving offence; and 
3. the introduction of a behaviour change program for persons found guilty or convicted of drink-driving offences and certain other offences; and
2. to introduce other reforms including—
1. increased penalties for drug driving offences; and
2. the simplification of the vehicle impoundment and forfeiture scheme; and
3. reforms to the description of, defences to and penalties for, offences relating to unlicensed driving; and
4. the simplification of the demerit points scheme; and
5. the rationalisation of provisions relating to the service of notices under that Act; and
3. to make other amendments to improve the operational effectiveness of that Act; and
4. to make other technical amendments.
3. Chapter 2 also amends the Road Safety Act 1986 and the Road Legislation Further Amendment Act 2016 in relation to the imposition of mandatory alcohol interlock conditions in relation to certain interstate offences.

1. is currently disqualified from driving or from obtaining a driver licence or learner permit under the law of Victoria or another State or a Territory;
2. has an Australian driver licence or an Australian learner permit that is currently suspended; or
3. is currently disqualified from driving under the law of another country in circumstances that, if they occurred in Victoria, would have resulted in the person being disqualified from driving in Victoria.

“Offenders caught driving unlicensed for the first time can lose their vehicle. In the same way, drink-driving offenders with a recorded blood or breath alcohol concentration between 0.05 and 0.10 can lose their vehicle if they have committed a prior drink-driving offence or impoundable offence in the previous six years. These changes better target patterns of high-risk behaviour.”

“The Corporation must not issue a driver licence or learner permit to a person whose driver licence or learner permit is cancelled, or who is disqualified from obtaining a driver licence or learner permit, on conviction or on being found guilty of an offence specified in subsection (2) unless the Corporation is satisfied that the person has completed the first-stage behaviour change program specified in the notice under section 58E.”

“The bill will also improve consistency between the road safety and rail safety drug and alcohol control schemes by enabling rail transport safety officers, police officers and other authorised persons to conduct a drug screening tests for rail safety workers under the Rail Safety (Local Operations) Act 2006. This will reduce the burden of these drug testing procedures by no longer requiring a medical practitioner or health professional to conduct tests. Blood sampling provisions for rail safety workers and marine vessel operators will also be updated by the bill to align with amendments recently made to equivalent provisions in the Road Safety Act 1986.

The bill will also include a public transport measure to reform the Victorian rail access regime in the Rail Management Act 1996 when the current rail access contracts expires. This regime will reduce red tape, enable administrative cost savings and facilitate improved transparency of access to rail infrastructure for rail freight services.

The current regime was designed at a time when Victoria's regional rail freight network was managed by a private rail freight operator. This regime is no longer appropriate given that the rail freight network has been bought back by government. The Minster for Public Transport will provide guidance to Public Transport Victoria and rail network managers on proposed access arrangements and set a maximum price that can be charged for access. To ensure fairness, formal processes will be in place in case of a dispute between access seekers and providers.”