Northern Territory Consolidated Acts

TRAFFIC ACT - SECT 26

(1) A driving instructor, when instructing another person how to drive a motor vehicle, must not:

(a) drive a motor vehicle; or

(b) permit a person to drive a motor vehicle if the instructor is occupying a passenger seat in the vehicle for the purpose of instructing the person to drive the vehicle;

if the instructor's 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.

(2) An offence against subsection (1) (a relevant offence ) is a second or subsequent offence if the person has previously been found guilty of any of the following offences:

(a) driving with:

(i) a high range blood alcohol content; or

(ii) a medium range blood alcohol content; or

(iii) a low range 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);

(b) driving under the influence of alcohol or a drug;

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

(d) failing to give a sample of blood for analysis;

(e) driving with alcohol in the 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 blood (if the person, at the time of the previous offence, was of a class mentioned in section 25(1) or (2) and only if the previous offence was committed within 3 years before committing the relevant offence);

(g) a relevant offence (a previous relevant offence ) only if the previous relevant offence was committed within 3 years before committing the relevant offence;

(h) an offence (a previous offence ) committed before the commencement of this section that would, if committed after the commencement of this section, be a relevant offence (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).

(3) For subsection (2)(a)(iii), (f), (g) and (h) an offence for which an infringement notice was issued and not withdrawn is taken to be a previous finding of guilt for the offence.

(4) If a court finds a person 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.

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