Essay On Law Reform

Law reform is the process of changing the law to make it more current, correct defects, simplify it or remedy justice. In order to meet changes in society, the law amends and its effectiveness are clearly seen in relation to its handling of driving conditions concerning young drivers. These include the involvement of young drivers in car accidents, street racing and car hoons.

In determining the effectiveness of legal responses to the issue of young drivers, the achievement of the legal system is somewhat effective. According to the latest statistics, young drivers have been involved in an extensive number of car accidents and therefore have been classified as ‘danger on the roads’ and ‘risky’. In the case TG v R [2010] NSWCCA 28, where a 17 year old driver has been charged with four counts of dangerous driving occasioning death due to lost control of the vehicle and collision with a tree, the law

effectively addresses the issue of young drivers obligating the safety rules, such as seat belts and no BAC. However, the deficiency in the law is because it fails to consider stricter obligation of road rules, which include speed limits and signs. The government’s response to this deficiency has been the reformed restriction that Provisional 1 licence holders under the age of 25 can only carry one passenger under the age of 21, between 11pm and 5am. Hence, the enforcement of the law reform aimed in addressing young drivers issue emphasises the effectiveness of the law in this area.
Additionally, the government’s response to drag racing issues, generally involving young drivers has resulted with development of the Road Transport Act 2013.

In most cases around NSW, the street racers are certainly young. The vast majority are aged between 16 and 25. In particular, such road activities are transitory but are extremely dangerous to drivers and passengers on roads. To meet the changes in social values, the parliament has introduced stricter limitations, outlined in s 116 of the Road Transport Act 2013: “A person must not, on a road, engage in conduct prescribed by statutory rules made for the purposes of this section, being conduct associated with the operation of a motor vehicle for speed competitions or other activities specified or described in the statutory rules.” To enhance the effectiveness of law systems, such actions are sanctified with penalties, imprisonment of maximum 9 months, immediate disqualification and licence suspension. Consequently, the enforcement of such laws have effectively impacted young drivers participating in drag

racing.
However, one of the main law reform agencies, the media, has exposed the effectiveness of newly imposed restrictions on young drivers. In the article “NSW police say hoon driver laws working”, the law effectively addresses the issue of car hoons. The car impounds, plate seizure and relatively high penalties are the main tools used against car hoons. On the other hand, the statistics given are showing deficiency in Traffic and Highway Patrols on places where reckless driving is occurring the most. The NSW government’s response to reckless driving has been a statement: “If you want to keep your car, slow down and obey the law”. Thus, the effectiveness of imposed restrictions failed to result with a significant change in car hoons and extensive speeding.
In conclusion, law reform is needed to answer to the changes in society and behaviours by young drivers. Car accidents significantly influenced the legal system which resulted with number of changes in particular Acts. Also, street racing has been an ongoing issue on NSW roads and required an immediate response from the government since it mainly involves young drivers. The involvement of young drivers in car hoons has also raised changes in legal restrictions. Overall, these issues have been analysed to show the effectiveness of law reform in Australia.