Tough new driving laws aimed at keeping roads safer
Tough new laws for drivers who cause death or serious harm designed after the death of 15-year-old Sophia Naismith will be introduced to Parliament today.
The landmark laws championed by Naismith’s family and developed with industry stakeholders and a cross-government working group come after Naismith was struck and killed walking outside a restaurant in Glengowrie in 2019.
In August, Alexander Campbell, the driver of the $300,000 high-powered Lamborghini Huracan which hit Naismith, was found not guilty of causing death by dangerous driving in the District Court.
The new legislation includes a mid-tier indictable offence of ‘causing death or serious harm by careless use of a vehicle or vessel’, to bridge the gap between maximum penalties for existing offences.
This new offence will attract up to five years in jail and a minimum licence disqualification of one year for a basic offence, and seven years in jail and a minimum licence disqualification of three years for an aggravated offence.
The reforms will also allow Police to immediately suspend or disqualify the licence of a person charged with, or reasonably believed to have committed, the new offence or other serious driving offences causing death or harm and establish a new licence class for ultra-high powered vehicles.
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An offence will also be created for those driving ultra-high powered vehicles who disable automated safety systems like electronic stability control, traction control, anti-lock braking and automated emergency braking.
Premier Peter Malinauskas said the changes deliver on commitments to change laws flagged in August.
“These reforms will help ensure our roads are safe, and that those who endanger the lives of other road users are held appropriately to account,” Malinauskas said.
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Attorney General Kyam Maher said the absence of a mid-tier offence has been an “omission” in South Australia’s criminal code.
“Nobody should have to endure a loss like Sophia Naismith’s family, and I thank them for their courage in speaking out and their desire to see a more effective system in place,” Maher said.
“The Naismith family, and the many other families who have lost loved ones on South Australian roads, deserve better.
“There are additional risks that come with driving an ultra-high powered vehicle such as a luxury sports car.
“These reforms will ensure that before people get behind the wheel of one of these cars, they enable the appropriate safety measures and are aware of these risks.”
It comes after legislation to introduce Mobile Phone Detection Cameras (MPDC’s) to South Australia passed Parliament.
The introduction of mobile phone detection cameras, which already operate in NSW and Queensland, aims detect and deter distracted drivers who illegally use a mobile phone while driving according to Police Minister Joe Szakacs.
In a statement, Szakacs said cameras being used interstate have proven effective in finding drivers illegally using a mobile phone and that “MPDC’s are life-saving technology.”
“Between 2017-2021 (inclusive), 247 lives were lost and 1330 serious injuries were sustained with inattention listed as a contributing factor. This equates to 51 per cent of all lives lost and 34 per cent of serious injuries,” the statement read.
The cameras are expected to be operational from late 2023, with a three-month grace and education period.
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