MOTOR VEHICLES ACT 1959 - SECT 72A
MOTOR VEHICLES ACT 1959 - SECT 72A
72A—Qualified supervising drivers
(1) For the purposes
of this Act, a person "acts as a qualified supervising driver for the holder
of a permit or licence if—
(a) when
the holder of the permit or licence drives a motor vehicle, or attempts to put
a motor vehicle in motion, on a road, the person—
(i)
occupies a seat in the vehicle next to the holder of the
permit or licence, or, if the vehicle is a motor bike, is a passenger on the
bike or in a sidecar attached to the bike; and
(ii)
takes all reasonable steps to supervise and instruct the
holder of the licence or permit in the safe and efficient driving of the
motor vehicle; and
(b) the
person is the holder of—
(i)
an unconditional licence authorising the person to drive
the vehicle; or
(ii)
a foreign licence of a type approved by the Registrar by
notice in the Gazette authorising the person to drive the vehicle,
and has held such a licence during the whole of the immediately preceding
2 year period; and
(c) the
licence held by the person is not subject to a condition under
section 98BE(2) requiring the person to be of good behaviour.
(2) A person who has
the prescribed concentration of alcohol in the person's blood, or a prescribed
drug in the person's oral fluid or blood, must not act as a qualified
supervising driver for the holder of a licence or permit.
Maximum penalty: $1 250.
(3) Sections 47C, 47D,
47E, 47EAA, 47GA, 47GB and 47K and Schedule 1 of the
Road Traffic Act 1961 apply in relation to an offence against
subsection (2) as if—
(a) a
reference in any of those sections to an offence against that Act were a
reference to an offence against subsection (2); and
(b) the
person alleged to have committed an offence against subsection (2) were,
when acting as a qualified supervising driver for the holder of a permit or
licence, driving the motor vehicle in question; and
(c) a
reference in any of those sections to the prescribed concentration of alcohol
as defined in section 47A of that Act were a reference to the
prescribed concentration of alcohol as defined for the purposes of this
section.
(4) In this
section—
"prescribed concentration of alcohol" means a concentration of .05 grams or
more of alcohol in 100 millilitres of blood.