Land Transport (Drug Driving) Amendment Bill

  • enacted

Mandatory prohibition from driving for 12-hour period

27 New section 94A and cross-heading inserted

After section 94, insert:

Mandatory prohibition from driving following 2 positive oral fluid tests

94A Mandatory prohibition from driving for 12-hour period if results of 2 oral fluid tests are positive

(1)

An enforcement officer must forbid a person to drive a motor vehicle for a 12-hour period if the person has undergone 2 oral fluid tests and the results of both tests are positive.

(2)

The 12-hour period starts immediately after the enforcement officer notifies the person of the prohibition.

(3)

An enforcement officer may arrest without warrant a person who fails to comply with a direction under subsection (1) or drives or attempts to drive within the 12-hour period.