South Australian Consolidated Acts South Australian Consolidated Acts40C—Meaning of qualified, fit or authorised to drive or run engine
(1) For the purposes
of this Division, a person is "qualified" to drive a vehicle (or to run its
engine) if the person—
(a)
holds a driver's licence of the appropriate class to drive it and the driver's
licence is not suspended; and
(b) is
not prevented under a law (including, for example, by the conditions of the
licence) from driving it at the relevant time.
(2) For the purposes
of this Division, a person is "fit" to drive a vehicle (or to run its engine)
if—
(a) the
person is apparently physically and mentally fit to drive the vehicle; and
(b)
(without limiting the above) the person is not apparently affected by—
(i)
alcohol; or
(ii)
any drug that affects the person’s fitness to
drive,
or both; and
(c) the
person has not at the time been found to have, and there are not any
reasonable grounds to suspect that the person has, a concentration of alcohol
in the person’s blood that exceeds the amount permitted by a road law;
and
(d) the
person has not at the time been found to have, and there are not any
reasonable grounds to suspect that the person has, a prescribed drug in his or
her oral fluid or blood.
(3) For the purposes
of this Division, a person is
"authorised"—
(a) to
drive a vehicle if the person is its operator or has the authority of the
operator to drive it; or
(b) to
run the engine of a vehicle if the person is its operator or has the authority
of the operator to drive it or to run the engine,
regardless of whether or not the person is qualified to drive the vehicle (or
run its engine) as mentioned in subsection (1).