Fenton Darien: Land Transport (Enforcement Powers) Amendment Bill — First Reading 
Fenton Darien: Land Transport (Enforcement Powers) Amendment Bill — First Reading 
[Volume:654;Page:4089] 
DARIEN FENTON (Labour) 
: 
 I am pleased to take a call in the first reading of the Land Transport (Enforcement Powers) Amendment Bill. I need to be clear that Labour supports this bill going to the Transport and Industrial Relations Committee just as we support further measures to help combat the problem of illegal street racing. We have said we will work with National to achieve that goal. However we do not believe that the Government’s new bills will add anything to the current laws that are already in place. 
It was pleasing to hear the Minister of Police Judith Collins acknowledging the work done by the previous Government to tackle boy racers and reckless and dangerous driving. The previous Labour Government did many years of work to reduce the incidence of young driver offending. Underpinning our work was not only concern about the nuisance caused by illegal street racing but concern for young and novice drivers speedsters and those who persistently break the road rules. Labour implemented many measures to crack down on reckless and dangerous driving but we need to find ways to change the behaviour if we really want to end it. I remain to be convinced that this particular bill will change that behaviour and that the current legislation already in place is not sufficient. As a member of the Transport and Industrial Relations Committee which will consider the bill I look forward to the discussion. 
To some extent there have always been noisy young drivers—at least since cars have been invented. This problem is not new but I suspect that it is exacerbated by faster cars and easier access to alcohol by young people. I have an enormous amount of sympathy for residents who have to tolerate the awful behaviour of illegal street racers. It is even worse when such behaviour results in injury or death such as the recent case of a former Glenfield College student who was struck by an out-of-control car driven by a young driver on Manuka Road. Although this case was characterised—as so often happens—as a boy-racer incident alcohol and speed were the main contributing factors in those tragic circumstances. Alcohol and speed are the evils not the owning of a car. 
I also sympathise with communities that are struggling with exhaust noise and Fatboy mufflers. To that extent the proposal in this legislation to order vehicles off the road for excessive exhaust noises and to require them to undergo an objective measured noise test are worth looking at to see whether they enhance existing laws although I will suggest that as the police have said to me it is a case of catch them if you can. 
However as I have already said I believe that many of the actions permitted under this bill can already be undertaken within existing legislation particularly Labour’s Land Transport (Unauthorised Street and Drag Racing) Amendment Act 2003. I propose to outline my reason for saying so. 
The explanatory note of the bill states that it empowers enforcement officers “to attach warning notices to motor vehicles that are used in breaches of qualifying bylaws and to impound the motor vehicle on a second or subsequent offence within 90 days:”. Under existing law when a police officer believes on reasonable grounds that a vehicle has been operated in an illegal street race an unnecessary exhibition of speed or a burnout the officer may impound the vehicle for 28 days at the owner’s expense effective immediately. 
Under the bill as stated in the explanatory note there is a proposal to “require a vehicle ordered off the road for excessive exhaust noise to undergo an objective (metered) noise test to reduce the occurrence of exhaust swapping or tampering:”. Under existing law when a vehicle is impounded for racer offences its warrant of fitness is automatically cancelled. This means that on release from impoundment the vehicle will have to undergo a new warrant of fitness inspection and any illegal modifications such as lowered suspension extra lights and noisy exhausts will have to be rectified. 
The explanatory note also states that the bill proposes that “impoundment of motor vehicles involved in illegal street racing or sustained loss of traction currently at the discretion of the enforcement officer be made mandatory:”. It also facilitates the confiscation and seizure of impounded motor vehicles. Under existing law when a police officer believes on reasonable grounds that a vehicle has been operated in an illegal street race an unnecessary exhibition of speed or a burnout the officer may impound the vehicle for 28 days at the owner’s expense effective immediately. If a person is subsequently convicted of operating a vehicle in an unauthorised race or performing wheel spins the penalties are the same as the penalties for reckless or dangerous driving. If no one is injured the court may sentence a person to a maximum of 3 months’ imprisonment or a fine not exceeding $4500 and it must disqualify the person from driving for 6 months or more. If someone is injured or killed under current law the court may sentence a person to a maximum of 5 years’ imprisonment or a fine not exceeding $20000 and it must disqualify the person from driving for 1 year or more. In addition the court may confiscate the vehicle if it wishes. If the person is convicted of racing offences committed twice within 4 years the court must confiscate the vehicle except in cases of extreme hardship. 
Another proposal in the bill is to “require a vehicle ordered off the road for excessive exhaust noise to undergo an objective (metered) noise test to reduce the occurrence of exhaust swapping or tampering:”. I have mentioned this already but under existing law another provision is that if any vehicle’s exhaust is considered to be louder than the original exhaust fitted by the manufacturer the vehicle must be given a green sticker and those vehicles must apply for a new warrant of fitness. 
The bill proposes to “give enforcement officers a range of powers to deal with drivers breaching the conditions of the graduated driver-licensing system including the powers to direct a motor vehicle to be driven to a specified place to forbid the person to drive or to take possession of the ignition keys or other keys of the motor vehicle or to take other necessary steps to immobilise the motor vehicle or remove it to a place where it does not constitute a traffic hazard:”. Under existing law if a police officer finds someone racing or performing wheel spins the officer may either charge the person—in other words the person has to go to court—or charge the person and impound the vehicle. The officer may also choose to simply issue a warning. 
As I have outlined there are many existing provisions but dealing with the bill before us I agree with the proposed changes to breaches of the graduated driver-licensing system and note that some of these changes were mooted by the Labour Government after consultation with public and road safety stakeholders and were reported back at the end of 2007. That consultation confirmed the view that demerit points are a far more effective deterrent than fines. So I look forward to considering more closely the measures proposed to discourage breaches of the graduated licensing system. The bill proposes to decrease the infringement fee for all breaches of the conditions of the graduated driver licensing system because fines may be paid by parents pooled and shared by occupants of the car or ignored completely. Instead the bill proposes to increase the demerit points for such breaches from 25 to 35 points. That makes sense. 
Some people call for the driving age to be increased but I am not convinced that that is the answer. Measures such as zero tolerance of alcohol consumption by young drivers would have a much greater impact. One of the things that have come to my notice when considering the issues of young drivers reckless drivers and the graduated licensing system is the large number of students who drive their cars to school these days. It is very different from when I was at school. The police tell me that breaches such as driving with unlicensed passengers or driving outside the prescribed hours occur reasonably frequently among these students and that it is often their parents who are most indignant when their little Johnny is pulled up. 
Hon Steve Chadwick 
: Just wait until the first car’s impounded. 
DARIEN FENTON 
: That is right! Other measures such as the issuing of 25 demerit points for registration plate offences and a minimum 3-month driver-licensing disqualification for failing to stop when signalled to do so by an enforcement officer may well be useful to consider. 
I am however somewhat intrigued by the definition of “cruising” that appears in the bill. I wonder whether that definition appears anywhere else. In my day cruising had a different meaning but anyway I think the discussion in the select committee on that topic will be somewhat lively. 
I look forward to scrutinising the bill and hearing from the public on these matters. But I would caution the House and the Minister that although I know good intent is behind the bill there is no silver bullet and I do not think this bill is that. Thank you.