Category: Traffic Law

Fatigue: The Silent Killer on Our Roads


By Sonia Hickey and Ugur Nedim Charges of negligent driving occasioning death have been brought against a Sydney Uber driver, reminding motorists to check ourselves for fatigue while on the road this summer. The driver will face court in January after allegedly accelerating while a passenger was leaving his car, sending the man into the ...

Australia’s First Cyborg Rights Case: An Interview with Biohacker Meow-Meow


Back in June, a Sydney man made headlines when he had the chip from an Opal card inserted just below the skin in his left hand, so he could travel the local transport network without having to fumble around for his card. The man is well-known biohacker Meow-Ludo Disco Gamma Meow-Meow. His experimental transport card ...

Disqualified Drivers Can Now Apply to Get Their Licences Back


The Road Transport Amendment (Driver Licence Disqualification) Act came into effect on 28 October 2017, allowing certain disqualified drivers in NSW to apply to the local court for the removal of their disqualification periods. Who can apply? If you are a disqualified driver, you may apply for the removal of all disqualification periods where: Any ...

Stop Testing Drivers for Minute Traces of Cannabis


By Paul Gregoire and Ugur Nedim Most Australian states and territories currently carry out mobile drug testing (MDT) operations that only test for three illicit substances: amphetamines, MDMA and cannabis. In Tasmania and the Northern Territory, police test for longer lists of illegal drugs. In NSW, authorities have recently announced trial testing for cocaine will begin later this ...

Mobile Phone Use While Driving – Statistics, Research and the Law


By Sonia Hickey and Ugur Nedim Using our mobile phones use has become so integrated into our lives, we may not even know how often we’re using them. We use our phones to email, check bank balances, pay bills, listen to music, take notes, scroll social media, text and talk to each other. But touching ...

Drug Driving Laws Are Not About Road Safety


By Paul Gregoire and Ugur Nedim In December 2015, the NSW government announced it was tripling the number of mobile drug tests carried out annually to 97,000 tests by this year. As might be expected, the number of motorists being charged with drug driving offences has also skyrocketed. A Bureau of Crime Statistics and Research report found that ...

South Australia Proposes Sensible Defence to Drug Driving


By Paul Gregoire and Ugur Nedim Last month, the South Australian Legislative Council voted in favour of an amendment to drug driving legislation that would provide medicinal cannabis users with a defence if they fail a roadside drug test. The Statutes Amendment (Drink and Drug Driving) Bill 2017 was introduced into parliament in May this ...

Not Guilty of Drug Driving Despite Cannabis in System


By Paul Gregoire and Ugur Nedim Northern Rivers region resident Joseph Carrall was pulled over by NSW police senior constable Chayne Foster on 23 June 2015 for a random drug test. The officer asked the driver whether he’d taken any illicit drugs within the last 48 hours, which Mr Carrall replied, “I had a smoke over ...

New Rules for Disqualified Driving


By Paul Gregoire and Ugur Nedim On 14 August, NSW attorney general Mark Speakman announced a suite of new reforms to driver licence disqualification laws. The changes, that will begin operation in late October, include pathways for disqualified drivers to apply for their licence to be reinstated at an earlier stage. The minister said the amendments are designed ...

Government Says Tough New Penalties Are All About Road Safety


They’re a familiar sight on the road these days. Sometimes alone, other times in pairs or groups. There’s no doubt there’s been an upsurge in the popularity of cycling, but having more cyclists on the road has done little to improve the relationship between cyclists and motorists. Like cats and dogs The reason for the ...