Traffic Act 1987

(1) Subject to the Regulations, this section applies to the following persons:

(b) the driver of a vehicle carrying dangerous goods within the meaning of any of the following:

(ii) Schedule 1 of the Work Health and Safety (National Uniform Legislation) Act 2011;

(iii) the Transport of Dangerous Goods by Road and Rail (National Uniform Legislation) Act 2010;

(c) the driver of a commercial passenger vehicle within the meaning of the Commercial Passenger (Road) Transport Act 1991;

(d) the driver of a vehicle capable of seating more than 12 persons (including the driver);

(e) the driver of a vehicle carrying more than 12 persons (including the driver);

(f) the driver of a vehicle that has a space designed primarily for the carriage of goods when a person is travelling in that space.

(b) has not held, in the Territory or elsewhere, a licence to drive a motor vehicle for a continuous period of 3 years;

but does not apply if section 24 applies to the person.

(3) The person must not drive a motor vehicle if the person's breath or blood contains alcohol.

Maximum penalty: For a first offence – 5 penalty units or imprisonment for 3 months.

For a second or subsequent offence –7.5 penalty units or imprisonment for 6 months.

(4) An offence against subsection (3) (a relevant offence) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:

(iii) a low range breath or blood alcohol content (only if the previous offence was committed after 1 July 2007 and only if the previous offence was committed within 3 years before committing the relevant offence);

(c) failing to provide a sufficient sample of breath for a breath analysis;

(e) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in section 24(1));

(f) driving with alcohol in the breath or blood (if the person, at the time of the previous offence, was of a class mentioned in subsection (1) or (2) and only if the previous offence was committed within 3 years before committing the relevant offence);

(g) failing to comply with a direction from a police officer to pull over for a breath test or a saliva test (or both).

(5) For subsection (4)(a)(iii) and (f), an offence for which an infringement notice was issued and not withdrawn is taken to be a previous finding of guilt for the offence.

(6) If a court finds a person who is not covered by subsection (2) guilty of a relevant offence that is a second or subsequent offence, the person's licence to drive is automatically cancelled and the person is disqualified from obtaining a licence:

(a) for a second offence – for a minimum period of 3 months; or

(b) for a subsequent offence – for a minimum period of 6 months.

(6A) If a court finds a person covered by subsection (2) guilty of a relevant offence that is a second or subsequent offence, the person's licence to drive is cancelled and the person is disqualified from:

(i) obtaining a licence for a period (mandatory period) that is at least 3 months; and

(ii) if the mandatory period is less than 5 years – obtaining a licence other than an AIL licence for an additional period (AIL period) immediately after the mandatory period that is at least 6 months and not more than 3 years; and

(i) obtaining a licence for a period (mandatory period) that is at least 6 months; and

(ii) if the mandatory period is less than 5 years – obtaining a licence other than an AIL licence for an additional period (AIL period) immediately after the mandatory period that is at least 6 months and not more than 3 years.

Notes

1 This means the person may be able to drive a motor vehicle fitted with an alcohol ignition lock during the AIL period after being disqualified for the mandatory period (see sections 29AAYB and 29AAYC).

2 If the mandatory period is 5 years or more, no AIL period applies to the person and the person cannot obtain an AIL licence.

(7) A relevant offence that is a second or subsequent offence is an immediate suspension offence.

(8) The Regulations may prescribe persons to whom, or circumstances in which, this section does not apply.