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YEAR 10 LEGAL STUDIES MOTORING ASSIGNMENT

Why is it necessary to make laws about motoring?

Laws are guidelines that are enforceable and are accepted by society. Laws set the acceptable standards and
create social cohesion and progression. Laws assist to ensure our general safety. These can be found at the
local, state, and federal levels and include topics such as: Motor vehicle safety laws. The federal government
are in charge of political affairs, trade, economy, immigration, and defence. The following areas fall under the
purview of the state education, healthcare, environmental protection, public works, transportation, agriculture,
labour relations, community services, sport and recreation, consumer affairs, law enforcement, corrections,
and emergency services.

In addition to creating and enforcing local laws, local governments often manage services and endeavours that
are geared to the needs of the community they serve. Councils offer a variety of services, including
maintenance of local roads and infrastructure, upkeep of parks and swimming pools, water supply, waste
management, animal management (such as pet registration), urban planning, building, and administration of
community facilities like meeting rooms, libraries, and shopping centres.

It is imperative to make laws and rules about driving to ensure safety of drivers. There are many dangers and
risks associated with driving which can be maintained when laws are in place. Traffic laws immensely help to
mitigate this risk and diminish the possibilities of accidents, standard of driving, and managing the flow of
traffic. The maintenance of safety is the primary purpose of traffic laws and signs. On the road, there are lots
of hazards and barriers that could hurt or endanger drivers. Traffic laws, rules and signs assist the flow of
traffic and help inexperienced drivers learn and prevent traffic jams and accidents. Furthermore, driving laws
enforces a standard of driving which if broken is punishable. The punishment varies from state to state and the
severity of it depends on what the individual has done, how the individual has acted and who the individual is
with (minor). The table below illustrates the punishment to speeding
Offence: speeding disqualification fine Demerit points

New South Wales Up to 6 months $86 - $989 1 point to 6 points


Queensland Up to 6 months $177 - $1,245 1 point to 8 points
Northern territory n/a $150 - $1,000 1 point to 6 points
Western Australia n/a $100 - $1,200 1 point to 7 points
South Australia Up to 6 months $180 - $1,690 1 point to 9 points
Tasmania Up to 4 months $84 - $966 2 points to 6 points
Victoria Up to 12 months $207 - $826 1 point to 3 points

Describe some of the history in relation to motor vehicles and driving in Australia.

Australia’s motor history started in 1896 when Herbert Thomson and Edward Holmes created the first steam
car in Australia, known as "The Phaeton”. It toured Victoria to New South Wales At an average speed of 14
kilometres per hour, travelling 790 kilometres. The voyage took more than 56 hours to accomplish, a feat that
inspired future motor vehicle development throughout the nation. In 1901, Harley Tarrant created Australia's
first petrol-powered car in response to the country's rising interest for motors. Holden, Ford, and General
Motors established themselves within Australia in the 1920s. Cars became popularised and highly accessible
by the 1960s and General Motors holden limited had become the leading manufacturer with over a million
sales.

Traffic laws first appeared in 1909 with the Motor Traffic Act encompassing motor laws, registration, driving
age and driving standard. With the widespread use of vehicles in Australia, the 1961 road traffic act was
passed to ensure the safety of drivers as well as traffic management and identification. Many of these laws,
serve as the foundation for the 2013 Road Transport Act, are still enforced today.
Using examples, describe how technological developments have brought about changes in motoring
laws.

With technological advancements occurring rapidly throughout the past 100 years, laws have had to adapt for
different circumstances where it would be necessary to "adapt" the law to new technologies by clarifying,
eliminating, or changing existing rules. The development of cars and the speed at which it can travel has
increased significantly and has created the demand for safety and traffic laws. Before the 1960s there was no
speed limit but during the 1970s many states started implementing them to ensure the safety of everyone. The
advancement of cars issued new safety precautions and inventions such as the seatbelt and airbags. It is
legally required for a car to have seatbelts and if an individual is caught not wearing a seatbelt than they can
lose up to 4 demerit points and fined up to $900 depending on the situation. Traffic lights, lanes and speed
cameras assisted in managing the flow traffic.

With the invention of the mobile phones and the increasing number of accidents caused by them, NRMA was
successful in promoting a mobile phone ban. This commenced on July 1st, 2019. Mobile phone detection
cameras started cracking down on people who use their phones while driving or riding starting on March 1,
2020. Drivers who violate the law are subject to a $352 fine ($469 in a school zone) and five demerit points.
During double-demerit periods, the fine rises to 10 demerit points.

Discuss car safety and the requirements of the law.

A modern car has various safety features that keep the driver and others around them safe. These
characteristics appeal to people ranging in age from 0 to 60 and assure the safety of the driver and
passengers. Seatbelts, airbags, and crumple zones are a few of these features. Passive safety features like
seat belts, crumple zones, and airbags are crucial for the protection of the driver and passengers in the case
of an accident.

The seat belt, in its most basic form, keeps the passenger in their seat in the case of a collision, preventing
them from being pushed forwards into the dashboard or through the glass of the car. Strong, slightly flexible
webbing is used to make seat belts, which stretch slightly during collisions to help lessen the force of the blow
to the body of the passenger they are keeping in place. Since the pelvis and rib cage of the passenger are
generally solid body parts, they are made to distribute the load uniformly over these areas. In Australia, front-
seat seat belts were made necessary in 1969, and all seats had to have seat belts by 1971.

Crumple zones are areas of shock-absorbing material incorporated into the structure of a car to lessen the
impact of a collision on the occupants of the car or a pedestrian struck by the vehicle. A strengthened structure
that encloses the car's passenger area is called the "safety cell." They are intended to remain intact in the
case of a collision, in contrast to crumple zones, to prevent the occupants from being crushed. The vehicle's
front end and rear effectively functions as a cushion, slowing the time it takes to come to a complete
stop. Crumple zones are a standard in all new cars but are not legally mandated to provide passenger
protection.

When a collision occurs, airbags, which are inflatable cushions installed into cars, shield the occupants from
being struck by the inside of the car or by outside objects like other cars or trees. When a crash starts, they
quickly inflate despite being ordinarily buried. Since the 1999 model year, front airbags have been a
requirement for all new passenger automobiles.  Sensors start measuring impact force as soon as a crash
occurs. If the collision is serious enough, the sensors send a signal to the inflators to quickly inflate the bags
with gas.

Pick a current motoring issue and discuss the laws associated with it
Drink driving:
History
In Australia, drinking and driving has always been an issue, even in the beginnings. There were a lot of horses
and carriages on the roads in 1872, before there were even any cars. Being intoxicated while operating a
horse-and-carriage, cattle, or steam-powered vehicle was prohibited by the licencing statute of 1872. The
1968 Motor Traffic Act was established in response to the 1960s popularisation of vehicles, making it illegal for
anyone with a blood alcohol concentration of 0.08 percent or more to be behind the wheel. Unfortunately, in
Australia, the number one significant contributor to almost 30% of fatal incidents is drunk driving. Furthermore
1 in 4 of the drivers and cyclists murdered on Australian roads had blood alcohol levels above the legal limit.
Legislation
In division 5 of the Road Traffic Act of 1961, it states that a person must not drive a vehicle or attempt to put a
vehicle in motion while so under the influence of intoxicating liquor or drugs as to be incapable of exercising
effective control of the vehicle. If the vehicle concerned in a motor vehicle, for a first offence, a fine of not less
than $1,100 and not more than $1,600 or imprisonment for not more than 3 months. For subsequent offences,
a fine of not less than $1,900 and not more than $2,900; or imprisonment for not more than 6 months. if the
vehicle concerned was not a motor vehicle, a fine of $500 (Road Traffic Act 1961).
When the driver is convicted in court, they must impose the bare minimum of offences but have the option of
imposing longer and worse ones. If there have been prior instances of drunk driving, for example, earlier
convictions may be the cause of a worse conviction. if the BAC rises to the upper range this will result in the
driver facing more severe punishment.

Offence: drink driving disqualification fine imprisonment

New South Wales Up to 6 months $2,000 Up to 9 months


Queensland Up to 9 months $1,594 Up to 3 months
Northern territory Up to 6 months $975 Up to 6 months
Western Australia n/a, infringement notice n/a, infringement notice n/a, infringement notice
South Australia Up to 3 months $1,100 n/a, 4 demerit points
Tasmania Up to 12 months $1,300 Up to 3 months
Victoria Up to 6 months $422 n/a
Overseas (USA) Up to 9 months 1,000 6 months to a year
Comparisons to interstate and overseas (consequences for general alcohol limit shown in the table below)
Future direction
Since 2008, the number of fatalities caused by drunk driving in South Australia has decreased by an average
of 7.3 percent annually. Australia has made drink driving a top priority when it comes to law enforcement, and
random breath testing has been a vital instrument in cutting down on fatalities on the road and shifting public
perceptions of the extremely dangerous behaviour that can have fatal results. But its not enough to fully
mitigate the risk, but researchers from the University of New England are examining the potential of installing
breathalysers in all Australian vehicles. If proven successful and I think that the drink driving imposes would
decrease heavily.
Reasons for the laws
Alcohol regulations help to minimize the negative consequences that alcohol has on individuals, families, and
communities. The legal limit for full licence holders in Australia is.05 blood alcohol content (BAC), and there
are strong restrictions against drinking and driving. A.00 BAC is required for learners and licence holders on
probation. Different licence kinds could exist. Reduced ability to gauge speed and distance, false confidence,
greater propensity to take risks, decreased coordination and focus, longer reaction times, poor vision, and
impaired perception of obstacles are just a few of the consequences of alcohol on driving. Australia has a
major drink driving issue, to put it into perspective, if an individual were to get into a fatal accident, 30% of the
time it is because a drunk driver. Furthermore 1 in 4 of the drivers and cyclists murdered on Australian roads
had blood alcohol levels above the legal limit.
References:
https://www.momjunction.com/articles/important-road-safety-rulestips-to-teach-your-children_0077932/
https://www.legislation.sa.gov.au/lz?path=%2FC%2FA%2FRoad%20Traffic%20Act%201961
https://www.comparethemarket.com.au/car-insurance/features/history-of-aussie-car-manufacturing/
#:~:text=Australia's%20first%20car%20was%20a,the%20'Thomson%20Motor%20Phaeton'.&text=In
%201896%2C%20Herbert%20Thomson%20and,car%20nicknamed%20'The%20Phaeton'.
https://www.infrastructure.gov.au/infrastructure-transport-vehicles/vehicles/motor-vehicle-standards-laws
https://sites.google.com/site/ihg21carsafety/seatbelts-and-crumple-zones
https://jade.io/j/?a=outline&id=441866
https://www.insurancefactory.co.uk/news/October-2019/The-history-of-drink-driving-when-did-it-become
https://www.australiannationalcharactercheck.com.au/DUI-penalties-Australia.html
https://www.gotocourt.com.au/drink-driving/dwi/
https://dui.drivinglaws.org/resources/state-dui-laws.htm#:~:text=Common%20penalties%20include%20jail
%20time,concentration%20(BAC)%20(usually%20.
https://www.health.gov.au/health-topics/alcohol/about-alcohol/alcohol-laws-in-australia#:~:text=Alcohol
%20laws%20help%20to%20reduce,in%20each%20state%20and%20territory.
https://www.budgetdirect.com.au/car-insurance/research/drink-driving-statistics.html
https://drinkwise.org.au/drinking-and-you/is-there-such-a-thing-as-safe-drink-driving/#
https://www.carsguide.com.au/car-news/drink-driving-laws-in-australia-everything-you-need-to-know-85060
https://www.whichcar.com.au/features/a-brief-history-of-open-speed-limits-in-australia

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