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The Canberra Times
The Canberra Times

Too many failures in driving penalties has exposed a worryingly flawed system

The system of penalising motorists in the ACT has taken a few knocks lately. There have been too many cases where the wrong people have been penalised, either because of an imperfect system or because it's too easy for wrong-doers to dodge penalties.

There have been, for example, several cases where the territory's spotter cameras and the computers behind them have wrongly identified drivers apparently using a phone while driving when they provably weren't on the phone.

Not only are cameras picking up drivers for offences they haven't committed, but there is also an illicit trade of demerit points for cash. Pictures by Keegan Carroll and supplied.

There is no doubt about this because after one case identified by The Canberra Times, the fine was abruptly dropped. The picture taken by the overhead camera clearly showed both hands on the steering wheel but the AI system hadn't clocked what a human eye would have without a blink.

"The system is clearly deeply flawed," the driver, Fiona Devers, said.

She may have a point.

On top of the incorrect reading of the photographs by AI, it has also emerged that there is a backdoor way of transferring demerit points to another person for money.

In this abuse of the system, people who break the law - say by phoning while driving or by speeding - can pay money to others so their demerit points go to the receiver of the money. This is, of course, all illicit but those who know where to look - pretty well anyone with access to Google - can do the deal and avoid the penalty.

The deplorable practice reveals a flaw in Access Canberra's online portal where there are options to "Transfer responsibility to yourself" or to "Declare a specific person was responsible".

If a driver faces a ban because of the accumulation of points, the dodgy deal might seem worth it.

This is no doubt intended to minimise bureaucracy. In effect, if transgressors simply acknowledge their guilt and pay the fine, the demerit points are awarded automatically. But the Canberra Times investigation revealed that people with no or few demerit points, or those with a driving licence but who have virtually no use of a car, agree to take the transgressing driver's demerit points in return for money.

And if a driver faces a ban because of the accumulation of points, the dodgy deal might seem worth it. Figures of $500 and $1000 have been recorded.

"I have a full licence, but I don't own a car," one 22-year-old student told this paper.

"My classmate introduced me to an acquaintance from Gungahlin who desperately needed to clear a seatbelt fine that carried three demerit points. I agreed to accept responsibility online after he transferred $1500 plus the $574 fine."

"It's easy money with little effort. Some students advertise demerit transfers online after graduating, right before they leave the country."

There may be a view that traffic offences aren't serious, so dodging the penalties is fair game.

This is not so. Research at the University of Canberra on "in-vehicle distractions" revealed that using a phone while driving substantially increased the likelihood of a crash.

So, this cumulative evidence that the system for penalising transgressors on the road is flawed is important.

It might be tempting to think that ways of drivers getting away with speeding or phone use while driving are to be welcomed. It is not serious crime, might be a common view.

But the consequences are. There is ample evidence that a car in the wrong careless hands can be a deadly implement.

For this reason, the ACT government needs to look again at the enforcement of the rules before the system itself loses credibility.

Lives depend on it.

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