A Perth mother’s grief after a drunk driver who was charged with killing her daughter in a hit-and-run was allowed to drive just two months later has triggered a shake up of the state’s driving laws.

The heartbreak of losing her daughter Kelly was devastating for her Susan T’Hart and her family.

“She loved animals,” Susan said.

“She was the one that would pick up animals on the side of the road … so for this to happen to her, to be hit and left there, it’s just incomprehensible.”

A woman with blonde hair, a pink jacket and a black shirt, holding a picture frame, stands talking in front of Reece Whitby.

Susan T’Hart described her daughter as “an amazing young woman”. (ABC News: Courtney Withers)

But just two months later, as the court process was ongoing and the family were still coming to terms with their grief, there was something else to keep them up at night.

‘Outraged’

Susan said they saw the woman charged with her daughter’s death behind the wheel again.

“We live in the same area. She lives probably less than 900 metres from my house, 200 metres from Kelly’s house,” Susan said, standing alongside Road Safety Minister Reece Whitby.

“We were just outraged that that was possible.”

The pair announced government plans to change Western Australia’s road rules, which Mr Whitby said were aimed at prevent other families experiencing similar pain.

A woman with blonde hair, a pink jacket and a black shirt, holding a picture frame.

Susan T’Hart says she was “outraged” when she saw the accused woman driving again. (ABC News: Courtney Withers)

Currently, only a limited number of offences attract a mandatory licence suspension when a charge is laid, and those suspensions last only two months.

Mr Whitby plans to introduce a bill to parliament on Tuesday to extend that to three months, expand the list of charges which attract a mandatory suspension, and give courts greater power to suspend licences until cases are finalised.

A mid-shot of WA Police Minister Reece Whitby speaking at a media conference outside, with a TV camera in the foreground.

Reece Whitby hoped the new laws will help ease trauma for those who have had loved ones killed in car accidents.  (ABC News: Courtney Withers)

“It’s just not acceptable … after two months of disqualification, while you’re waiting for your matter to be heard by a court, to get back behind the wheel,” he said.

“Because we know that down the track they’re going to be facing a sentence that will include a period of disqualification for much longer than that.

“So … this is about something that makes sense.”

Kelly’s law

Currently, disqualification notices are only available for some drug and alcohol offences.

Under the proposed laws, it would now apply to any offence which includes a disqualification penalty, including all drink and drug driving, reckless and dangerous driving, high-level speeding and hit and run offences.

The law will be named “Kelly’s Law” in honour of the 32-year-old who her mother described as “an amazing young woman”.

A smiling young woman with short dark hair and glasses, dressed in black, sits on a bench chair against a wall with artwork.

Kelly T’Hart was just 32 when she was killed in 2024.  (Supplied: Family)

“I hope this will become a greater deterrent for other people,” she said.

“Just stop at the scene, just render assistance, be the last person there.

“They might have heard [Kelly’s] last words and been able to pass them on to me.”

Maddison Peace Bain was charged with dangerous driving occasioning death under the influence of alcohol over Kelly’s death.

A smiling young woman with short dark hair and glasses sits at a restaurant table in front of a birthday cake.

The new legislation will be known as “Kelly’s law”. (Supplied: Family)

She has pleaded guilty and is due to be sentenced in early April.

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