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Fairer Fines

22 Feb 2024

Heavy Vehicle Lawyers calls for Income-proportionate Fines System

Heavy Vehicle Lawyer calls on State Governments to Change Driving Fines from Flat Fees to Income-Proportionate 

 

In a move to ensure fairness in the enforcement of driving fines, Heavy Vehicle Lawyers, represented by practice principal Mr. Adam Cockayne, is putting forward a proposal to replace the existing flat fees with penalties that are proportionate to the offender's income. This initiative aims to address socio-economic disparities and promote a more just system of traffic law enforcement.

 

Currently, the imposition of driving fines levies a fixed amount regardless of an individual's financial situation. This one-size-fits-all approach disproportionately burdens low-income earners, creating an unfair financial strain that can exacerbate existing economic hardships. In contrast, the deterrent value of a fine diminishes or even disappears the more an individual earns, as high-income earners face the same penalty but a lesser financial impact.

Mr Cockayne argues that linking fines to income levels will result in a more equitable distribution of penalties. 

 

"By basing fines on a percentage of the offender's income, the financial consequences of traffic violations will be proportionate across all socio-economic backgrounds. This approach ensures that the punishment fits the severity of the offence while taking into account the individual's ability to pay."

 

"Furthermore, research by bodies such as the Australia Institute has shown that income-based fines have the potential to serve as a more effective deterrent against reckless driving behaviours. When fines are adjusted according to income, individuals are incentivised to comply with traffic laws as the financial consequences directly correlate with their earnings. This not only promotes safer driving practices but also contributes to the overall improvement of road safety."

 

Implementing income-proportionate fines also aligns with principles of social justice and equality under the law. By acknowledging the diverse financial circumstances of drivers, this policy change fosters a more inclusive and compassionate approach to traffic enforcement. It reflects a commitment to fairness and ensures that the legal system does not disproportionately penalize those who are already economically disadvantaged.

 

The proposal to transition from flat fees to income-proportionate penalties represents a significant step towards building a more just and equitable society. It is a proactive measure aimed at addressing systemic inequalities within the enforcement of driving fines and promoting a safer, fairer, and more inclusive road environment for all.

 

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under Professional Standards Legislation.

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