This report will focus on the contemporary law reform issue of young drivers and the law. Firstly this report will outline what young drivers and the law is. Secondly this report will examine the conditions that give rise to the need for law reform. Thirdly the agencies and mechanisms of reform will be identified. Finally, the effectiveness of the law reform process of the law reform process in achieving just outcomes in reform to young drivers and the law will be discussed. This report will conclude that the law reform process is effective but some areas are not considerate.
What is the contemporary issue?
Young drives and the law is referring to how young drivers are given laws due to the issues that occur. Due to this we are trying to lower the rates of death and insure safety for all drivers.
Conditions that give rise to the need for law reform:
Law reform is the process of changing the law to make it more current, correct defects, simply it and remedy injustice. Young drivers are twice as likely to be involved in fatal accidents, caught drink driving or caught speeding.
The reasons for law reform are shown bellow:
-Changing social values
-New concepts of justice
Changes to young drivers licences, the amount of hours they have to do or speed limits are changes to the law and reflect various groups in the community who want young drivers to get more experience and therefore be safer and more experienced drivers. This causes social conditions to change and the attitudes after so many fatal incidents involving young drivers.
A new concept of justice is referring to when laws and outcomes are unjust in the way we live, so this law will need to be reformed. A way that new a concept of justice has been met is that young drivers are unable to drink any alcohol while on their L’s. This stops accidents and is decreasing the traffic offences on the road
New technology causes new laws to be formed so there is no unfair usage of this technology and sometimes it takes time to ensure that all aspects of safety is met. Young drivers, and any drivers have to understand the law regarding texting, as this distracts the driver behind the vehicle.
Agencies and mechanisms of reform
For a law to be reformed, there is a long and usually costly process that needs to occur. Reasons for the law to be reformed are that it is no longer able to relate to society, dated or is not fair to needs and wants of the public. There are many different agencies of reform for young drivers and the law but the main areas are the NSW Law Reform Commission and the media. The way in which a law is reformed is by passing a bill – to do this, these seven steps must occur:
1.Formulations stage 2.Drafting bill stage 3.First reading 4.Second reading 5.Committee stage 6.Third reading 7.Royal Assent Stage
The NSW Law Reform Commission is representing the state when reforming the laws that are no longer valid for today’s society. When research is done into changings laws, the public is always consulted. For the law to be changed there is a process that is taken into consideration. A reform has recently occurred to low the rates of deaths in P plate drivers. Due to this reform ‘‘the number of P1-plate driver deaths dropped 21 per cent (from 19 to 15) while the number of people killed in P1-plate related crashes dropped 20 per cent, (from 35 to 28)’’ said Eric Roozendaal in 2008.
The media allows the public to be informed about issues that are occurring without impute from the government. This can encourage law reform to show opinions and views on different topics but can also slow down the law reform process. The media have done this by writing articles such as ‘A license to save young lives’, which is informing the public about personal views on how reforms should occur as death rates with the young are increasing. This article is asking people their personal view on the hours in which young drivers should be allowed to drive in – the law has recently be reformed to state that only one passenger can be taken past 11pm on a P plate licences.
A mechanism of law reform is about how the law actually changes – courts, parliaments, the United Nations or intergovernmental organisations can do this. Due to the Motor Traffic Act 1909 (NSW) the law is always being reformed to adjust with society – society usually can send letters, make lobby groups about issues such as young drivers and the law to ensure safety within society. These issues are then addressed to the government and it is the government’s role to address the issues.