Land Transport (Drug Driving) Amendment Bill

  • enacted
9 Section 57A replaced (Driving while impaired and with blood that contains evidence of use of qualifying drug)

Replace section 57A with:

57A Driving with blood that contains evidence of, or oral fluid that indicates, use of 1 qualifying drug
Offence: driving while blood contains evidence of use of 1 qualifying drug

(1)

A person who drives or attempts to drive a motor vehicle on a road commits an offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood—

(a)

contains evidence of use of a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug; or

(b)

contains evidence of use of an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F.

Infringement offence: driving while blood contains evidence of use of 1 qualifying drug

(2)

A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood—

(a)

contains evidence of use of 1 listed qualifying drug and the blood concentration level of the drug equals or is less than the high-risk level (if any) for the drug; or

(b)

contains evidence of use of 1 unlisted qualifying drug and the person was not required to undergo a compulsory impairment test under section 71F before the blood specimen was taken.

Infringement offence: driving while oral fluid indicates use of qualifying drug

(3)

A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if—

(a)

the results of a first oral fluid test and second oral fluid test subsequently undergone by the person are positive and indicate the use of the same qualifying drug; and

(c)

the person does not elect to have a blood test in accordance with section 71D.

57B Driving while blood contains evidence of, or oral fluid indicates, use of 2 or more qualifying drugs
Offence: driving while blood contains evidence of use of 2 or more qualifying drugs

(1)

A person who drives or attempts to drive a motor vehicle on a road commits an offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood contains evidence of use of 2 or more qualifying drugs and either or both of the following apply:

(a)

1 or more of the drugs are listed qualifying drugs and the blood concentration level for 1 or more listed qualifying drugs exceeds the applicable high-risk level:

(b)

1 or more of the drugs are unlisted qualifying drugs and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F.

Infringement offence: driving while blood contains evidence of use of 2 or more qualifying drugs

(2)

A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood—

(a)

contains evidence of use of 2 or more listed qualifying drugs and the blood concentration level of each listed qualifying drug equals or is less than the high-risk level for the drug; or

(b)

contains evidence of use of 2 or more unlisted qualifying drugs and the person was not required to undergo a compulsory impairment test under section 71F before the blood specimen was taken; or

(c)

contains evidence of use of 1 or more listed qualifying drugs and 1 or more unlisted qualifying drugs and—

(i)

the blood concentration level of each listed qualifying drug equals or is less than the high-risk level for the drug; and

(ii)

the person was not required to undergo a compulsory impairment test under section 71F before the blood specimen was taken.

Infringement offence: driving while oral fluid indicates use of 2 or more qualifying drugs

(3)

A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if—

(a)

the results of a first oral fluid test and second oral fluid test subsequently undergone by the person are positive and indicate the use of 2 or more of the same qualifying drugs; and

(b)

the person does not elect to have a blood test in accordance with section 71D.

57C Driving while blood or breath contains alcohol and blood contains evidence of, or oral fluid indicates, use of 1 qualifying drug
Offence: driving while blood contains alcohol and evidence of use of 1 qualifying drug

(1)

A person who drives or attempts to drive a motor vehicle on a road commits an offence if, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood contains alcohol and evidence of use of 1 qualifying drug and any or all of the following apply:

(a)

the proportion of alcohol in the person’s blood—

(i)

exceeds 80 milligrams of alcohol per 100 millilitres of blood; or

(ii)

if the person is younger than 20, exceeds 30 milligrams of alcohol per 100 millilitres of blood; or

(iii)

if the person holds an alcohol interlock licence or a zero alcohol licence, equals or is less than 50 milligrams of alcohol per 100 millilitres of blood:

(b)

the drug is a listed qualifying drug and the blood concentration level of the drug exceeds the high-risk level for the drug:

(c)

the drug is an unlisted qualifying drug and the blood specimen was taken after the person failed to complete a compulsory impairment test in a manner satisfactory to an enforcement officer who is trained to give the test when the person was required to do so under section 71F.

Infringement offence: driving while blood contains alcohol and evidence of use of 1 qualifying drug

(2)

A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73,—

(a)

contains alcohol and the proportion of alcohol in the person’s blood equals or is less than—

(i)

80 milligrams of alcohol per 100 millilitres of blood; or

(ii)

if the person is younger than 20, 30 milligrams of alcohol per 100 millilitres of blood; and

(b)

contains evidence of use of a qualifying drug and,—

(i)

if the drug is a listed qualifying drug, the blood concentration level of the drug equals or is less than the high-risk level (if any) for the drug; and

(ii)

if the drug is an unlisted qualifying drug, the person was not required to undergo a compulsory impairment test under section 71F before the blood specimen was taken.

Infringement offence: driving while blood contains alcohol and oral fluid indicates use of 1 qualifying drug

(3)

A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if,—

(a)

as ascertained from an analysis of a blood specimen subsequently taken from the person under section 72 or 73, the person’s blood contains alcohol but the proportion of alcohol in the person’s blood equals or is less than—

(i)

80 milligrams of alcohol per 100 millilitres of blood; or

(ii)

if the person is younger than 20, 30 milligrams of alcohol per 100 millilitres of blood; and

(b)

the results of a first oral fluid test and the second oral fluid test subsequently undergone by the person are positive and indicate the use of the same qualifying drug; and

(c)

the person does not elect to have a blood test in accordance with section 71D.

Infringement offence: driving while breath contains alcohol and oral fluid indicates use of 1 qualifying drug

(4)

A person who drives or attempts to drive a motor vehicle on a road commits an infringement offence if—

(a)

the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test subsequently undergone by the person under section 69, equals or is less than—

(i)

400 micrograms of alcohol per litre of breath; or

(ii)

if the person is younger than 20, 150 micrograms of alcohol per litre of breath; and

(b)

the results of a first oral fluid test and second oral fluid test subsequently undergone by the person are positive and indicate the use of the same qualifying drug; and

(c)

the person does not elect to have a blood test in accordance with section 71D.

(5)

Subsections (2), (3), and (4) do not apply to a person who holds an alcohol interlock licence or a zero alcohol licence (see section 57AA for offences relating to contravention of specified breath or blood alcohol limits by a holder of an alcohol interlock licence or a zero alcohol licence).

57D Penalties for offences against sections 57A(1), 57B(1), and 57C(1)

(1)

If a person is convicted of a first or second offence against section 57A(1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 3 months or a fine not exceeding $4,500; and

(b)

the court must order the person to be disqualified for 6 months or more from holding or obtaining a driver licence.

(2)

If a person is convicted of a first or second offence against section 57B(1) or 57C(1),—

(a)

the maximum penalty is imprisonment for a term not exceeding 6 months or a fine not exceeding $4,500; and

(b)

the court must order the person to be disqualified for 9 months or more from holding or obtaining a driver licence.

(3)

If a person is convicted of a third or subsequent offence against any of sections 56(1), 56(2), 57A(1), 57B(1), 57C(1), 58(1), 60(1), 61(1), and 61(2) (whether or not that offence is of the same kind as the person’s first or second offence against any of those provisions),—

(a)

the maximum penalty is imprisonment for a term not exceeding 2 years or a fine not exceeding $6,000; and

(b)

the court must order the person to be disqualified for more than 1 year from holding or obtaining a driver licence.

(4)

If an offence against section 57A(1), 57B(1), or 57C(1) 57A(1) or 57B(1) is a concurrent offence in relation to a qualifying offence for an alcohol interlock sentence, then the mandatory disqualification in subsection (1)(b), (2)(b), or (3)(b) does not apply and section 65AH(3)(b) applies.

(5)

Subsection (3)(b) does not apply if an order is made under section 65.

(5A)

For the purposes of this section, a conviction against a provision of the Transport Act 1962 corresponding to an offence specified in subsection (3) is to be treated as a conviction for an offence specified in that subsection.

(6)

The imposition of a mandatory disqualification under this section is subject to section 81 (which allows a court not to order disqualification for special reasons relating to the offence).