Failure to comply with s. 66, 66C, 66D or 66E requirement: instructors
68A Failure to comply with s. 66, 66C, 66D or 66E requirement: instructors
In this section —
requirement means a requirement of a police officer made under section 66, 66C, 66D or 66E.
Subsection (3) applies to a person of whom a requirement was made on the basis that the person was, or that there were reasonable grounds to believe that the person was, an instructor providing driving instruction to a learner driver.
A person to whom this subsection applies who fails to comply with a requirement commits an offence.
A person convicted of an offence against this section is liable to a fine of 50 PU.
It is a defence to a prosecution for an offence against this section if the accused satisfies the court that there was some substantial reason for the accused’s failure to comply other than a desire to avoid providing information that might be used as evidence.
[(6) deleted]
Without limiting the generality of subsection (5), it is a defence to a prosecution for failing to comply with a requirement to provide a sample of breath for a preliminary test if the accused satisfies the court that the accused complied with a requirement under section 66, to provide a sample of breath for analysis or to allow a sample of blood to be taken for analysis, that arose out of —
the accused’s failure to comply with the requirement to provide a sample of breath for a preliminary test; or
the circumstances that gave rise to the requirement to provide a sample of breath for a preliminary test.
[Section 68A inserted: No. 25 of 2016 s. 52; amended: No. 27 of 2020 s. 22.]
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