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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.