New laws to improve traffic operations

New legislation to grant greater powers to ACT police while conducting traffic operations will be introduced into the Legislative Assembly this week, and will allow police to order the removal of any face covering that may obscure a person's identity or prevent a drug or drink driving test, Attorney General, Simon Corbell announced today.

Mr Corbell said that the new laws would cover such head coverings motorcycle helmets, balaclavas, large sunglasses and hooded jackets.

"The amendments will enable police to check the identity of drivers against the photo on their driver licence," and it is important that police, in cases where ACT riders or drivers refuse to remove items such as motorcycle helmets, balaclavas, large sunglasses and hooded jackets, have this power available to them," Mr Corbell said.

"This legislation has been developed in close contact with ACT Policing and the Chief Police Officer, and extensive consultation has taken place with community groups on this issue.

"It is very important to note that this is in no way an attempt to ban head coverings of a particular culture or religious group, but rather is a law to allow legitimate enforcement activities that are essential for road safety."

The amendments include provisions to enable people who have cultural or religious concerns about uncovering their face in public or in front of a male police officer or authorised road transport official to request that they uncover their face only in front of a female police officer or female official. These provisions also ensure that if requested, reasonable privacy is provided while the person's face is uncovered.

Mr Corbell said the laws also ensured that if part or most of the person's face was covered by something that was necessary for the person's medical treatment, the person is not required to remove that item.

"After consulting with the Islamic community, via the ACT Muslim Consultative Council, information on the proposed laws has been translated into Arabic for wider circulation within the Islamic community. The Human Rights Commission was also consulted on the proposed laws. These groups did not express concerns during this consultation process about the new laws."

The amendments also tighten the definition of ‘repeat offender' for certain serious road safety offences, to ensure that increased driver licence and vehicle sanctions apply to people who commit multiple road safety offences.

Road safety efforts under the ACT Road Safety Strategy and Action Plan rely - in part - on having effective enforcement measures to deter road users from breaking the rules, and control repeat and high end offenders who should not be on the road.

The specific amendments in this Bill are consistent with the framework provided by the Strategy and Action Plan, and will play their part in making our roads safer for the community.