Northern Territory Explanatory Statements

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TRANSPORT LEGISLATION (DRUG DRIVING) AMENDMENT BILL 2007

22



TRANSPORT LEGISLATION (DRUG DRIVING) AMENDMENT BILL 2007
SERIAL NO. 132
LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR INFRASTRUCTURE AND TRANSPORT


EXPLANATORY STATEMENT


GENERAL OUTLINE

The Transport Legislation (Drug Driving) Amendment Bill 2007 amends the Traffic Act, Motor Vehicles Act and associated regulations to create offences for driving under the influence of drugs; and powers to require blood tests in the case of accidents or where the Police Officer has reasonable cause to suspect the person is driving under the influence of drugs.

The Bill pulls together those items requiring changes to legislation in order to implement the drug driving testing regime. The road safety initiatives to be implemented as part of this amendment Bill are:
o Allow for the collection of samples of blood to test for drugs and other substances from persons involved in motor vehicle accidents.
o Allow Police to use roadside saliva screening tests for the presence of certain drugs in the case driving behaviour not related to the consumption of alcohol or based on a reasonable suspicion of the Police Officer performing the screening that the driver of a motor vehicle is driving under the influence of a drug.
o Allow Police to use random roadside saliva screening tests for the presence of certain drugs in drivers of heavy vehicles over 4.5 tonnes gross vehicle mass (GVM).
o Introduces a list of prohibited drugs scheduled to the Traffic Regulations that relate to the new offence of “Driving under the influence of a Drug”.
o Introduces a defence to a prosecution for three illicit drugs that can be prescribed by a medical practitioner (morphine, methadone and amphetamine prescribed in the treatment of narcolepsy and ADD) in certain circumstances.
o Amends the Traffic Act to clarify that drivers currently subject to zero alcohol provisions (drivers under 25, truck drivers, commercial passenger vehicle drivers and driving instructors) are included in the broader “two strikes” policy that applies to other blood alcohol concentration (BAC) offences.
o Part V of the Traffic Act in relation to drink driving provisions has been redrafted to improve understanding and clarify policy.


NOTES ON CLAUSES

PART 1 PRELIMINARY MATTERS
Clause 1. Short Title

The Bill when passed will be cited as the Transport Legislation (Drug Driving) Amendment Act 2007.


Clause 2. Commencement

The Bill will commence on a date fixed by the Administrator and notified in the Gazette.


PART 2 AMENDMENT OF TRAFFIC ACT
Clause 3. Act Amended

This part amends the Traffic Act.


Clause 4. Amendment to section 3 (interpretation)

This clause updates the reference to section 29AAW to reflect the new structure of Part V of the Act and omits section 3(4) as the definition is now incorporated into Part V.

Clause 5. Repeal and Substitution of Part V

This clause repeals Part V of the Traffic Act and substitutes it with a new Part V which provides for the inclusion of drug driving offences and random saliva testing of drivers of heavy vehicles over 4.5 tonnes (GVM). It also recreates the blood alcohol concentration offences and makes changes to improve understanding and clarify policy.
o any substance prescribed by the Regulations under section 28;
o any other substance (other than alcohol) that, when consumed, ingested or used by a person deprives the person, temporarily or permanently, of the person’s normal mental or physical faculties o driving with:
§ a high range blood alcohol content; or
§ a medium range blood alcohol content;
o driving under the influence of alcohol or a drug;
o failing to provide a sufficient sample of breath for a breath analysis;
o failing to give a sample of blood for analysis;
o driving with alcohol in the blood (if the person is a person mentioned in section 24(1) that is drivers required to have zero BAC [learners, P-platers]). o The minimum licence loss applicable when a court finds the person guilty of offences against this section is also better explained than in the previous Part V. o driving with:
§ a high range blood alcohol content; or
§ a medium range blood alcohol content;
o driving under the influence of alcohol or a drug;
o failing to provide a sufficient sample of breath for a breath analysis;
o failing to give a sample of blood for analysis;
o driving with alcohol in the blood (if the person is a person mentioned in section 24(1)) that is drivers required to have zero BAC [learners, P-platers]). o 1st offence – a minimum period of 6 months
o for a second or subsequent offence – a minimum period of 12 months. o driving with:
§ a high range blood alcohol content; or
§ a medium range blood alcohol content; or
§ a low range blood alcohol content (only if the previous offence was committed after 1 July 2007 and within three years of the offence);
o driving under the influence of alcohol or a drug;
o failing to provide a sufficient sample of breath for a breath analysis;
o failing to give a sample of blood for analysis.
o driving with alcohol in the blood (if the person is a person mentioned in section 24(1) that is drivers required to have zero BAC [learners, P-platers]).
o a traffic infringement notice (TIN) for a low range BAC offence which was issued and not withdrawn. o for 2nd offence – a minimum period of 3 months
o for a subsequent offence – a minimum period of 6 months o a person under the age of 18 years
o a holder of a learner licence
o a holder of a provisional licence
o a person not licensed to drive a motor vehicle
o a visitor to the NT who is not permitted to drive in the Territory under section 32 (1). o for a first offence – a minimum of 3 months
o for a second or subsequent offence a minimum of 6 months. o drivers of heavy vehicles (i.e. GVM over 15 tonnes).
o drivers of dangerous goods vehicles
o drivers of commercial passenger vehicles
o drivers of vehicles with seating capacity of 12 or more or a vehicle with 12 or more passengers.
o drivers of vehicles with a load space in which passengers are travelling
o drivers between 18-25 years old and who have not held a licence for a continuous period of 3 years provided they are not a learner licence holder. o for a second offence – a minimum of 3 months
o for a subsequent offence a minimum of 6 months. o for a second offence – a minimum of 3 months
o for a subsequent offence – a minimum of 6 months. o driving under the influence of alcohol or a drug;
o driving with a prohibited drug in the blood;
o a TIN for driving with a prohibited drug in the blood is taken to be a finding of guilt for the offence. This is similar to the hooning provisions in the Traffic Act. o for a second offence – a minimum of 3 months
o for a subsequent offence a minimum of 6 months. o driving with:
§ a high range blood alcohol content; or
§ a medium range blood alcohol content;
o driving under the influence of alcohol or a drug;
o failing to provide a sufficient sample of breath for a breath analysis;
o failing to give a sample of blood for analysis
o driving with alcohol in the blood (if the person is a person mentioned in section 24(1) learner or P-plater or unlicensed). o for a first offence – a minimum period of 6 months
o for a second or subsequent offence – a minimum period of 12 months. o without evidence of the BAC or prohibited drug in the persons blood; or
o even though the evidence showed the person’s BAC was less than 0.05%. o at a random breath testing station
o when the officer has reasonable cause to suspect the person
§ has committed a DUI or BAC offence
§ was a driver of a motor vehicle involved in a crash
§ was involved in a crash and alcohol was in his/her blood at the time of the crash o driving with:
§ a high range blood alcohol content; or
§ a medium range blood alcohol content;
o driving under the influence of alcohol or a drug;
o failing to provide a sufficient sample of breath for a breath analysis;
o failing to give a sample of blood for analysis;
o an offence against section 24 (e.g learner or P-plater o randomly testing drivers of a heavy vehicles (4.5 tonnes and over)
o when the officer reasonably suspects a person is drug driving or DUI or was the driver of a motor vehicle involved in a crash o the officer believes that due to a medicial condition or physical disability the person is unable to submit to a breath test or analysis and he reasonably believes the person to have a BAC at level that may constitute an offence against this Act
o the officer has reasonable cause to suspect that the person’s blood contains a drug (whether or not as a result of a saliva test). o the BAC level is already known; or
o taking the sample would be detrimental to the person’s health; or
o the injuries were not sustained in a motor vehicle accident or the accident happened more than 12 hours prior to entering the hospital or health centre; or
o a period of more than 4 hours has elapsed since the person entered the hospital or health centre. o an examination of the person
o take a sample of the person’s blood
o arrange a sample of the person’s blood to be taken by another medical practitioner, registered nurse or a qualified person. o has the effect of suspending the person’s licence immediately the notice is given to the person; and
o informs the person they are disqualified from driving and obtaining another licence until the charge is determined by a court; and
o requires the person to surrender their licence to the police; and
o includes a statement of the person’s right to appeal to the Local Court against the suspension and disqualification. o failing or refusing to surrender any licence documentation, without good reason; or
o applying for a licence in the NT or elsewhere while disqualified; o tendered by the appellant; and
o tendered by or on behalf of the Registrar; and
o required by the courts from a medical practitioner. o driving under the influence of alcohol or drug;
o driving with a high range blood alcohol content;
o driving with a medium range blood alcohol content;
o refusing or failing to provide a sufficient sample of breath for a breath analysis;
o refusing or failing to provide a sample of blood; o the results indicated from a breath analysis
o if more than one breath analysis is taken the lower BAC level indicated is taken to be the BAC
o if a blood sample is taken the BAC is a result of the analysis of the sample taken and is taken to be the BAC level at the time of the offence
o if the person’s BAC is being tested because they attended a hospital or health centre with injuries that may have resulted from a crash the results or the breath analysis or test of the blood sample are taken to be the BAC at the time of the offence.
o a person authorised by the Commissioner under the Act to use a prescribed breath analysis instrument; or
o a member of the staff of a hospital or health centre; or
o an authorised analyst or person employed by an organisation authorised as an analyst Clause 6. Repeal of section 39 (Cancellation of licence)
Clause 7. Repeal of section 49 and 50 Clause 8. Repeal of Schedule 1 (Minimum disqualification periods) PART 3 AMENDMENT OF TRAFFIC REGULATIONS
Clause 9. Subordinate legislation amended Clause 10. Amendment of Part 4 heading Clause 11. Repeal and Substitution of Regulation 55
Clause 12. New regulations 55A and 55B o 55A prescribes the drugs prohibited for driving under section 28 (6) (a) and 28 (6) (b); and creates Schedule 1A (prohibited drugs) and 1B (prohibited drugs for which a defence is available). o 55B prevents a police officer from issuing an immediate 24 hour suspension notice when a person has returned a positive saliva test for morphine only, denies having consumed morphine and their ability to properly control a motor vehicle was not apparently impaired. This addresses the issue that the saliva test may give a false positive to morphine if a person has recently ingested codeine. A blood test will confirm whether the substance was codeine or morphine, but in the absence of impairment, the person must initially be presumed to have consumed codeine only. Clause 13. Amendment of regulation 56 (Prescribed breath analysis instrument – section 29) Clause 14. Amendment of regulation 58 (Conduct of breath analysis) Clause 15. Amendment of regulation 60 (Authorised analysts) Clause 16. Amendment of regulation 61 (Forms)
Clause 17. Amendment of Schedule 1 Clause 18. New Schedule 1A Clause 19. Amendment of Schedule 2 PART 4 AMENDMENT OF MOTOR VEHICLES ACT
Clause 20. Act amended Clause 21. Amendment of section 102AA (Applications made by certain offenders)

 

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