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ROAD SAFETY ACT 1986 - SECT 52

Zero blood or breath alcohol

S. 52(1) substituted by No. 78/1987 s. 9(1), amended by No. 37/1996 s. 6(1).

    (1)     This section applies to any person who is driving or in charge of a motor vehicle without holding a full driver licence which authorises the holder to drive such a motor vehicle, but does not apply to a person who—

        (a)     is not the holder of a full driver licence merely because he or she has failed to renew his or her licence; or

        (b)     is—

S. 52(1)(b)(i) amended by No. 37/1996 s. 6(2).

              (i)     the holder of a licence to drive such a motor vehicle, which is issued under—

    (A)     an Act of another State or a Territory of the Commonwealth that corresponds with this Act; or

    (B)     a law of another country—

and which is not a provisional licence or a licence which is on probation; and

S. 52(1)(b)(ii) amended by No. 5/2016 s. 36(Sch.  1 item 29).

              (ii)     exempted under the regulations from the requirement to hold a driver licence or learner permit.

S. 52(1A) inserted by No. 89/1991 s. 12, substituted by No. 37/1996 s. 6(3).

    (1A)     This section also applies to a person who is the holder of a full driver licence which authorises him or her to drive a large vehicle, while that person is driving or in charge of a large vehicle.

S. 52(1B) inserted by No. 17/1994 s. 9, amended by Nos 37/1996 s. 6(4), 1/2002 s. 9(2)(a)(b), substituted by No. 56/2013 s. 27(1).

    (1B)     This section also applies to a person who is driving or in charge of a motor vehicle, while holding a driver licence or learner permit which authorises the holder to drive such a motor vehicle, during the period of 3 years (or any longer period during which an alcohol interlock condition applies to the licence or permit) from the first issue of the licence or permit if—

S. 52(1B)(a) substituted by No. 49/2014 s. 31.

        (a)     the person had been disqualified from obtaining a driver licence or learner permit under section 50 or 89C or, by force of section 3AD, was taken to be so disqualified under section 89C and the licence or permit was issued to the person following the disqualification; or

S. 52(1B)(ab) inserted by No. 70/2016 s. 20.

        (ab)     the person had been disqualified from obtaining a driver licence or learner permit under section 25(3) and the licence or permit was issued to the person following the disqualification; or

S. 52(1B)(ac) inserted by No. 68/2017 s. 11(1).

        (ac)     the person had been prevented under section 23A from obtaining a driver licence or learner permit because the person was disqualified from driving in another State or a Territory in respect of a corresponding interstate drink-driving offence and the driver licence or learner permit was issued to the person after the person had ceased to be prevented from obtaining a driver licence or learner permit; or

S. 52(1B)(b) substituted by No. 49/2014 s. 31.

        (b)     the person had been disqualified from obtaining a driver licence or learner permit under section 89 of the Sentencing Act 1991 or, by force of section 3AD of this Act, was taken to be so disqualified under that section 89 and the licence or permit had been issued only because of the making by the Magistrates' Court of a licence eligibility order.

S. 52(1BA) inserted by No. 56/2013 s. 27(1).

    (1BA)     This section also applies to a person who is driving or in charge of a motor vehicle, while holding a driver licence or learner permit which authorises the holder to drive such a motor vehicle and to which an alcohol interlock condition applies if—

        (a)     the person had been disqualified from obtaining a driver licence or learner permit under section 89A(1) of the Sentencing Act 1991 or, by force of section 3AD of this Act, is to be taken to be so disqualified under that section 89A(1); and

        (b)     the licence or permit has been issued only because of the making by the Magistrates' Court of a licence eligibility order.

Note

Section 28A(2) provides that a person whose driver licence or learner permit is suspended by force of section 89(4) or  89A(1) of the Sentencing Act 1991 is not disqualified for the purposes of this section.

S. 52(1BB) inserted by No. 68/2017 s. 11(2).

    (1BB)     This section also applies to a person who is driving or in charge of a motor vehicle while holding a driver licence or learner permit which authorises the holder to drive such a motor vehicle if—

        (a)     an alcohol interlock condition applies to the driver licence or learner permit; and

        (b)     the alcohol interlock condition has been imposed because at the time the driver licence or learner permit was granted, the person held a licence or permit issued in another State or a Territory that was subject to an alcohol interlock condition.

S. 52(1C) inserted by No. 58/1995 s. 13, amended by No. 37/1996 s. 6(5), substituted by No. 63/2017 s. 21(Sch. 1 item 8.3).

    (1C)     This section also applies to a person who is using a vehicle for the purpose of providing commercial passenger vehicle services within the meaning of the Commercial Passenger Vehicle Industry Act 2017 .

S. 52(1D) inserted by No. 63/1998 s. 5, amended by No. 94/2003 s. 27(4).

    (1D)     This section also applies to a person who for financial gain, or in the course of any trade or business, is teaching a person, who does not hold a driver licence, to drive on a highway a motor vehicle of a kind described in section 33(3) while that person is in charge of the motor vehicle being used for teaching purposes by virtue of section 3AA(1)(c).

S. 52(1E) inserted by No. 23/2001 s. 9(1) (as amended by No. 92/2001 s. 33), amended by Nos 49/2014 s. 45, 68/2017 s. 67(1).

    (1E)     Subject to subsections (1F) and (1G), this section also applies during the period of 3 years from the first issue of a driver licence which authorises the holder to drive a motor cycle, while the holder is driving or in charge of a motor cycle, whether or not the holder also holds a driver licence which authorises him or her to drive another kind of motor vehicle.

S. 52(1F) inserted by No. 23/2001 s. 9(1) (as amended by No. 92/2001 s. 33).

    (1F)     If the Corporation is satisfied that a person has appropriate licensed motor cycle driving experience (wherever obtained), it may—

        (a)     waive the application to the person of subsection (1E); or

S. 52(1F)(b) amended by No. 49/2014 s. 45.

        (b)     specify a shorter period than 3 years for the purposes of that subsection.

S. 52(1G) inserted by No. 23/2001 s. 9(1) (as amended by No. 92/2001 s. 33), amended by No. 49/2014 s. 45, substituted by No. 68/2017 s. 67(2).

    (1G)     In calculating—

        (a)     the period of 3 years referred to in subsection (1E); or

        (b)     the shorter period applying under subsection (1F)—

any period for which the person's driver licence has been suspended or for which the person has been disqualified from driving during the period referred to in paragraph (a) or (b) must be excluded.

S. 52(2) amended by Nos 78/1987 s. 9(2), 53/1989 s. 21(1), substituted by No. 5/1990 s. 9(a), amended by Nos 23/2001
s. 9(2), 94/2003 s. 8(20).

    (2)     The prescribed concentration of alcohol in the case of a person to whom this section applies is any concentration of alcohol present in the blood or breath of that person.

S. 52(3) repealed by No. 5/1990 s. 9(b), new  s. 52(3) inserted by No. 56/2013 s. 27(2).

    (3)     If this section applies to a person by force of the operation of more than one subsection, the periods provided by those subsections operate concurrently.


S. 52(4) amended by No. 78/1987 s. 9(2) repealed by No. 5/1990 s. 9(b), new  s. 52(4) inserted by No. 56/2013 s. 27(2).

    (4)     If—

        (a)     during any period during which this section applies to a person (the application period ), the driver licence or learner permit held by the person is suspended or he or she does not hold a driver licence or learner permit; and

        (b)     before the end of the application period the suspension ends or a new or renewed driver licence or learner permit is granted to the person—

the part of the application period then remaining continues or, in the case of a new or renewed driver licence or learner permit, is carried over to that licence or permit.

Example

Under this section a person is subject to zero blood or breath alcohol for a 3 year period and this requirement is due to expire on 1 January 2017. 18 months into that 3 year period the person's driver licence is cancelled and the person is disqualified from obtaining a further driver licence or learner permit for 6 months. The person is granted a new driver licence within the original 3 year period. He or she will then be subject to zero blood or breath alcohol for the remainder of that original 3 year period, that is, from when the new driver licence is granted until 1 January 2017.

S. 52(5)–(7) repealed. [8]

    *     *     *     *     *

S. 53 amended by No. 44/1989 s. 41(Sch. 2 item 34.4).



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