New South Wales has both the problem of crowded prisons and the most severe punishment for the driving offences of lacking a valid driving license or driving a vehicle while their license is suspended. The statistics show that one of every three people sent to prison for these offences were of Aboriginal or Torres Strait Islander descent.
The courts had less discretion to consider the circumstances that led to unlicensed driving than for offences such as drink driving or negligent driving that caused death or serious injury before a sentencing revision took place, and a driving license ban could be imposed for a multitude of reasons that were totally unconnected to behaviour behind the wheel of a car.
Cancelling a valid driving license had become the deterrent to make people pay all sorts of fines imposed by the courts. If someone was caught fishing without a license and was tardy paying the fine, a driving license cancellation would often result. Riding a bicycle without a helmet or flashing headlights to warn of a radar trap could easily result in driving license cancellation if the fine was unpaid.
No consideration was given to the harshness of the penalty in relation to the circumstances of the person before the court. A hundred dollar fine to a wealthy business person would contrast unfavourably with a similar fine imposed on someone struggling on the dole to feed their family and find a job.
This unbending law ignores the contrast between the city and the bush. Public transport offers an option in the city that is entirely lacking in country areas. The car is usually the only reasonable means of transport for getting the kids to school and the breadwinner to their places of employment. The inability to drive in a country town can impose forced isolation that deprives a family of the necessities for normal life.
In October 2017 these laws were changed to give the courts more discretion in imposing sentencing. Unauthorised driving is the most common offence seen by NSW courts and in 2017 16,537 people appeared charged with driving while disqualified or suspended, and 6,454 appeared because they had not ever had a driving license.
It was feared that a more tolerant approach to prison sentencing for driving offences would impact badly on road safety, but this has not been apparent. One significant change has been the relief for those caught in a cumulative cascade of fines which make gaining a license return virtually impossible. Such people can now have a driving license disqualification lifted if they apply to a court with a clean record for two to four years, provided that license loss was not for an offence that caused death or bodily harm.
There is the expectation that a more rational approach to fines will reduce the number of license suspensions and this should quickly reflect on fewer people serving time in prison for unpaid fines. The courts are now authorised to consider the circumstances of those appearing before the court when deciding the fine that is appropriate for the crime committed. That should deliver a more balanced outcome.
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