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Supervisors) Bill 1996
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
will have their blood tested for the presence of alcohol if they attend or
are admitted to hospital as a result of an accident on a public street
involving a motor vehicle driven under their supervision, and
(b) will be subject to the 0.2 blood alcohol limit if they would be subject
to that limit were they driving the vehicle whose driver they are
accompanying.
Clause 2 provides for the commencement of the proposed Act on a
proclaimed day or days.
Clause 3 is a formal provision giving effect to the amendments to the Traffic
Act 1909 set out in Schedules 13.
Schedule 1
Amendments relating to blood tests
Schedule l [ l ] provides that, for the purpose of allowing mandatory blood
samples to be taken at a hospital under section 4F from a person who is a
supervisor of a learner driver, the qualification that a supervisor needs to be
the holder of a driver's licence is met if the person is accompanying the
learner in accordance with a requirement of the regulations under the Act.
Schedule l [2] inserts the conjunction "or" in section 4F (2) (a)-(c) as a
consequential amendment.
Schedule l [3] extends to a supervisor accompanying a learner driver the
scheme of section 4F requiring the taking of blood samples from persons
admitted into a hospital for examination or treatment as a result of an
accident on a public street involving a motor Or other vehicle or a horse.
Schedule 1 [4] exempts a person from prosecution for the offence of being a
supervisor who accompanies a learner driver driving a motor vehicle while
the supervisor is under the influence of alcohol (which does not require proof
of the presence of a specific concentration of alcohol in the supervisor's
blood) if the supervisor has had a sample of blood taken under section 4F in
respect of the same occasion of driving.
Schedule 2 Amendments relating
to blood alcohol levels
Schedule 2 [ l ] introduces the term special category supervisor. The term
includes a person under 25 years of age who accompanies a learner driver of
any motor vehicle (unless the person has held a driver's licence for 3 years or
more) and a person who accompanies a learner driver of a public passenger
vehicle, coach or heavy motor vehicle, or who accompanies a learner driver
of certain vehicles carrying dangerous goods or a vehicle carrying radioactive
substances.
Explanatory note page 2
Schedule 2 [2] creates an offence if a special category supervisor who holds
a driver's licence occupies the seat in a motor vehicle next to a holder of a
learner's licence who is driving the vehicle while there is present in the blood
of the supervisor a concentration of alcohol of 0.02 grammes or more, but
less than 0.05 grammes, per 100 millilitres of blood.
Schedule 2 [3] updates a cross-reference as a consequential amendment.
Schedule 3
Transitional amendment
Schedule 3 provides that amendments made by the proposed Act do not
apply in respect of accidents that occur, or any supervision of a learner driver
that occurs, before the amendments commence.
The Schedule also provides for references in the Act to section
(1D) to be
read as references to that section as in force before or after its replacement by
the proposed Act.
Explanatory note page 3