Graffiti law change !

Prior to the last New South Wales state election, Barry O'Farrell promised a harsh crackdown on those who deface public property with graffiti.  He proposed to enact legislation to strip offenders of their drivers license in the hope that the fear of license loss would have a sobering effect on the urge to deface property.

Fortunately, the Shooter's Party gained the balance of power in the upper house and this legislation has been amended to drop the license loss provision, and that is likely to be replaced with a provision to extend the period under which " P " plate rules will apply as a graffiti punishment.

The problem with the license loss option was the probability that we would see a sharp increase of unlicensed young drivers using our roads, and that would have severe legal consequences in the event that they were involved in an accident.  Insurers insist that the cover they provide applies only if the vehicle is legally registered and has third party greenslip insurance - and the driver holds a legal driving license.

The people who use graffiti are usually young and impetuous.  They are unlikely to think through the consequences of license loss - until after it happens, and then it is too late.  This same impetuous outlook is then liable to put them behind the wheel of a vehicle - unlicensed - and that can have massive financial consequences for other motorists.

We have a legal system that cancels driving licenses for dangerous driving practices.  It is a long leap of faith to extend driving license bans for other than driving offences because the two are not related.   Once that line has been crossed, how many other matters before a civil court will end up delivering a driving license ban as punishment ?

Cancelling a driving license is not something to be taken lightly.  In many cases, loss of a license automatically means loss of employment and given the limitations of the public transport system, it can become a reason children do not attend school.    The society we have created is built around the car as a means of transport, and if that fails it can deliver a devastating life change to any suburban family.  The consequences of license loss is something magistrates need to ponder deeply to avoid creating a new reason for the same offenders to reappear before the court system.

Those encouraging license loss as a punishment for graffiti are reliant on the newly introduced number plate recognition technology to weed out unlicensed drivers and unregistered vehicles, but we already have an example of how law changes fail as a deterrent.   " Skye's Law "  was introduced to penalise those who deliberately cause a high speed police chase when they refuse to stop when ordered.   Very little has changed.   Trying to escape is an impulsive action.  Regrets usually come only after the offender is cuffed and on his or her way to a police charge room.

This graffiti punishment law has had a forced amendment because of the hold on power by a minor party.   The change  will irritate some offenders by extending the time they will have the restrictions required by " P " plates, but it will not unleash a new wave of unlicensed drivers and the legal mayhem that would deliver to ordinary road users.

Let us hope that magistrates abide by the issues involved when they are considering traffic matters !