http://www.abc.net.au/unleashed/44234.html
Despite the recent relaxing of the driver demerit points in NSW there is another black spot that appears to be a blind spot across all Australian jurisdictions. When accumulated demerit points lead to license suspension, innocent family members can be punished more than the offender.
Unrestricted license holders can accumulate 13 points instead of 12 over a three-year period, and the demerit points for 22 existing offences were either reduced or deleted. This may score some timely merit points for the ailing state government that itself has accumulated enough demerit points to warrant its own license suspension in the forthcoming election. But it stops short of delivering on a wider brief that was given to the a working party who were to examine sanctions other than demerit points such as completing driver education, and restricted licenses instead of license suspensions to “alleviate family hardship”.
Having recently attended a funeral of an elderly lady who was tragically killed by a speeding motorist, I am acutely aware of the permanent devastation that this causes the family members. But I am also frustrated by the disregard given to innocent family members as a result of one family member having their license suspended. Their temporary hardship may lead to more permanent problems that research is yet to bear out.
When my work colleague had her license suspended due to accumulated demerit points, she had to walk her children to school. With her multiple sclerosis, this takes 40-minutes each way, each day. She would arrive to work late and aching every day, jeopardising her livelihood. She resorted to online shopping which impacted on the family budget. She had to pay for taxis to attend her specialist appointments. Her children missed so many sports training sessions after school that they had to withdraw.
The domino effect within the family cannot be over-stated. She insists that if punishment had to be meted out, this humiliation instantaneously took place when the police issued the fine and she was reduced to tears. But everything else that followed did not drill in the lesson any deeper. It merely spilled out to punish innocent family members who developed a contempt for these ‘blind spot’ laws. When she pleaded in writing to prevent these hardships, she received a standard letter of rejection.
Another friend had been abandoned by an adulterous husband, and struggled to maintain her children’s extra-curricula life as she was now rushing on her own. When speeding fines resulted in license suspension, she was stigmatised by her family and her children felt like lepers. Her son became the last person to be picked up from school, compounding the grief of separated parents, resulting in more social isolation when he most needed support.
Another acquaintance is a carer for her sister with Down Syndrome and was incriminated in an accident where she was merely a witness. When she pleaded with the magistrate regarding her dependent and disabled sister, she was told that she should have thought about that before doing the crime.
Similarly, another carer I know looks after her elderly father who was recently diagnosed with cancer. He depended on her to transport him to his plethora of forthcoming appointments, and the licence suspension will hurt him more than her.
A young relative had her license suspended during a double demerit long weekend. The police officer was hiding behind a tree on a road with a steep descent. Given the topography, every car was issued with a speeding fine, like fish in a net. The officer tried to placate my devastated daughter with “it is all a mater of luck”. I thought it was supposed to be a matter of safety.
Moreover, it is a matter of money. Not just the money made by the State Debt Recovery Office, but the money the motorist possesses, as those who can afford the technologies of cruise control and navigators are literally better equipped to prevent this bad luck with the “speed camera ahead” and ‘exceeding speed limit” and “school zone ahead” verbal warnings.
She had to sacrifice her part-time employment, her father had to leave his own employment for an hour a day to drive his children home from school, then make up for it after hours, which meant much less family time each night. She also had to sacrifice her dance classes, after 14 years of continuity, which threw her so far behind that she never returned.
As there was no way she could afford the fine, court costs, and enrolment into police community youth club, this directly impacted on the entire family’s budget.
This should not be an issue of political point scoring, but a matter of ensuring that the penalty reaches the target person without causing such severe hardship to dependent family members.
The entire licence suspension regime should be reviewed. While the offender may be devastated on day one, their family and dependents pay a premium price for the rest of the three months. Proposals such as restricted driving and compulsory driver education are effective in other countries and indeed have merit in Australia.
Joseph Wakim established the Streetwork Project for exploited children in Adelaide in 1986, was appointed Victorian Multicultural Affairs Commissioner in 1991, and founded the Australian Arabic Council in 1992.
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