Road Traffic Act 1974

In this section —

a provision of the Road Traffic (Authorisation to Drive) Act 2008 Part 3 Division 2 under which a driver’s licence may be cancelled; or

section 75(2a) or (2b) of this Act as in force at any time before those provisions were deleted by the Road Traffic Legislation Amendment Act 2012 section 20.

A person to whom this subsection applies who drives or attempts to drive a motor vehicle while having a blood alcohol content of or above 0.02 g of alcohol per 100 ml of blood commits an offence.

a fine of not less than 8 PU or more than 15 PU; and

the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for not less than 3 months.

Subsection (1) applies to a person who —

is a novice driver as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 40(2); or

is subject to an order disqualifying the person from holding or obtaining a driver’s licence imposed for an offence against section 63, 67 or 67AD(6), or for a second or subsequent offence against section 64, 64B(3) or 67AD(4); or

does not hold a driver’s licence because it has been cancelled under a cancellation provision as a result of an order disqualifying the person from holding or obtaining a driver’s licence imposed on the person upon being convicted of an offence committed after the commencement of the Road Traffic Amendment Act 1997; or

holds an extraordinary licence as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); or

is a recently disqualified driver; or

is a member of a class of persons prescribed for the purposes of this paragraph by regulations made for the purposes of the Road Traffic (Authorisation to Drive) Act 2008 section 5A.

For the purpose of subsection (2), a person is a recently disqualified driver if, within the last 3 years, the person —

has ceased to be subject to; or

has been granted a driver’s licence in a case where the person did not hold a driver’s licence because it had been cancelled under a cancellation provision as a result of,

A person who drives or attempts to drive a motor vehicle to which this subsection applies while having a blood alcohol content of or above 0.02 g of alcohol per 100 ml of blood commits an offence.

a fine of not less than 8 PU or more than 15 PU; and

the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver’s licence for not less than 3 months.

Subsection (4) does not apply to a person who drives or attempts to drive a motor vehicle described in subsection (5)(a) or (d) if the person —

is a person of a class prescribed by the regulations for the purposes of this paragraph; and

is driving or attempting to drive the vehicle in the course of responding to an incident as defined in the Fire and Emergency Services Act 1998 section 3.

Subsection (4) applies to a motor vehicle —

that is equipped to seat more than 12 adult persons (including the driver), if, at the relevant time, the vehicle is carrying passengers, whether or not the passengers are being transported for hire or reward as defined in the Transport (Road Passenger Services) Act 2018 section 11 (except subsection (2)); or

if, at the relevant time, the vehicle is transporting passengers for hire or reward as defined in the Transport (Road Passenger Services) Act 2018 section 11 (except subsection (2)); or

that has a GCM that is 22.5 tonnes or more; or

that is of a class prescribed by the regulations for the purposes of this paragraph, if, at the relevant time, the vehicle is being used to transport dangerous goods as defined in the Dangerous Goods Safety Act 2004 section 3(1).

A person charged with an offence against subsection (1) may, instead of being convicted of that offence, be convicted of an offence against section 64AAA(1).

A person charged with an offence against subsection (4) may, instead of being convicted of that offence, be convicted of an offence against section 64AAA(2).