ROAD SAFETY (ALCOHOL AND DRUGS ENFORCEMENT MEASURES) BILL 2001
PARLIAMENT OF VICTORIA Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2--ROAD SAFETY AMENDMENTS 3 3. Definitions 3 4. Persons accompanying learner drivers subject to blood alcohol content requirement 3 5. Alteration to method of expressing blood alcohol concentration 4 6. Penalty for accompanying driver offence 5 7. Alteration to method of expressing blood alcohol concentration 5 8. Cancellation and disqualification not to apply to accompanying driver offence 6 9. Amendment of zero blood alcohol requirements 6 10. Persons undergoing drug assessment may also be required to undergo breath analysis 6 11. Limitation on use of blood samples taken for drug assessments 7 12. Removal of time limitation on certificates 8 13. Removal of time limitation on certificates 8 14. Alteration to method of expressing blood alcohol concentration 8 15. Amendment of section 94A, Supreme Court--limitation of jurisdiction 9 16. Amendment of the Road Safety (Further Amendment) Act 1991 9 PART 3--MARINE AMENDMENTS 10 17. Definitions 10 18. Persons accompanying restricted operators subject to blood alcohol requirements 10 19. Alteration to method of expressing of blood alcohol concentration 10 20. Penalty for accompanying operator offence 11 i 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Clause Page 21. Persons accompanying operator may be required to give preliminary breath test 11 22. Removal of time limitation on certificates 12 23. Definitions 12 24. Cancellation and disqualification not to apply to accompanying operator offence 12 25. Consequential amendment to Marine (Amendment) Act 2000 13 ENDNOTES 14 ii 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
PARLIAMENT OF VICTORIA Initiated in Assembly 4 April 2001 As amended by Assembly 3 May 2001 A BILL to make miscellaneous amendments to the Road Safety Act 1986, the Marine Act 1988 and other Acts related to alcohol and drugs enforcement and for other purposes. Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The purposes of this Act are-- (a) to make miscellaneous amendments to the 5 Road Safety Act 1986, the Marine Act 1988 and other Acts related to alcohol and drugs enforcement; and 1 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 s. 2 Act No. (b) to make further minor amendments to those Acts. 2. Commencement (1) This Part and sections 16, 23, 24 and 25 come into 5 operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. 10 (3) If a provision referred to in sub-section (2) does not come into operation before 1 February 2002, it comes into operation on that day. _______________ 2 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 s. 3 Act No. PART 2--ROAD SAFETY AMENDMENTS See: 3. Definitions Act No. 127/1986. (1) In section 3(1) of the Road Safety Act 1986, Reprint No. 6 insert the following definition-- as at 1 December 5 ' "accompanying driver offence" means an 2000 and offence under section 49(1) which is amending committed by a person who is taken to be in Act Nos 19/1991 and charge of a motor vehicle by reason of the 89/1991. operation of section 48(1AAA);'. LawToday: www.dms. 10 (2) In section 3(1) of the Road Safety Act 1986, in dpc.vic. gov.au the definition of "drink driving infringement", after "(g)" insert ", other than an accompanying driver offence,". 4. Persons accompanying learner drivers subject to 15 blood alcohol content requirement (1) In section 48 of the Road Safety Act 1986, for sub-section (1AA) substitute-- "(1AA) Despite sub-section (1)(b), a person who, for financial gain or in the course of any trade or 20 business, is teaching a person, who is driving a motor vehicle of a kind described in section 33(3), for which that person does not hold an appropriate driver licence, to drive that motor vehicle on a highway, is to be 25 taken to be in charge of the motor vehicle, while the person whom he or she is teaching to drive is driving or in charge of the vehicle.". (2) In section 48 of the Road Safety Act 1986, after 30 sub-section (1AA) insert-- "(1AAA) Despite sub-section (1)(b), a person-- (a) who is a person to whom sub-section (1AA) does not apply; and 3 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 s. 5 Act No. (b) who is sitting beside a person, who is driving a motor vehicle for which that person does not hold an appropriate driver licence, for the purpose of 5 enabling that person lawfully to drive that motor vehicle on a highway-- is to be taken to be in charge of the motor vehicle while the person who does not hold the driver licence is driving or in charge of 10 the vehicle.". (3) In section 48 of the Road Safety Act 1986, for sub-section (1AB) substitute-- "(1AB) Sub-sections (1AA) and (1AAA) do not affect any liability of the person who does 15 not hold the appropriate driver licence for any offence committed by that person while so driving or being in charge of the motor vehicle.". (4) In section 48(2)(d) of the Road Safety Act 1986, 20 after "an offence" insert ", other than an accompanying driver offence". 5. Alteration to method of expressing blood alcohol concentration In section 49(1) of the Road Safety Act 1986-- 25 (a) in paragraph (b), for "more than the prescribed concentration of alcohol" substitute "the prescribed concentration of alcohol or more than the prescribed concentration of alcohol"; 30 (b) in paragraph (e), after "(2)" insert ", (2AA)"; (c) in paragraph (f), after "section 55(1)" insert "or (2AA)"; 4 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 s. 6 Act No. (d) in paragraph (f)(i), for "more than the prescribed concentration of alcohol" substitute "the prescribed concentration of alcohol or more than the prescribed 5 concentration of alcohol"; (e) in paragraph (g)(i), for "more than the prescribed concentration of alcohol" substitute "the prescribed concentration of alcohol or more than the prescribed 10 concentration of alcohol". 6. Penalty for accompanying driver offence (1) In section 49(2) of the Road Safety Act 1986, after "sub-section (1)" insert ", other than an accompanying driver offence,". 15 (2) In section 49(3) of the Road Safety Act 1986, after "sub-section (1)" insert ", other than an accompanying driver offence,". (3) In section 49 of the Road Safety Act 1986, after sub-section (3) insert-- 20 "(3AA) A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units.". 7. Alteration to method of expressing blood alcohol concentration 25 (1) In section 50(1)(a) of the Road Safety Act 1986 for "was 0·05 grams per 100 millilitres of blood or less" substitute "was less than 0·05 grams per 100 millilitres of blood". (2) In section 50(1AB) of the Road Safety Act 30 1986-- (a) in paragraph (a), for "was not more than 0·05 grams per 100 millilitres of blood" substitute "was less than 0·05 grams per 100 millilitres of blood"; 5 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 s. 8 Act No. (b) in paragraph (b), for "was not more than 0·10 grams per 100 millilitres of blood" substitute "was less than 0·10 grams per 100 millilitres of blood". 5 8. Cancellation and disqualification not to apply to accompanying driver offence In section 50 of the Road Safety Act 1986, after sub-section (5) insert-- "(6) This section does not apply to a person who 10 is convicted or found guilty of an accompanying driver offence.". 9. Amendment of zero blood alcohol requirements (1) In section 52 of the Road Safety Act 1986, after sub-section (1D) insert-- 15 "(1E) This section also applies, during the period of 1 year from the first issue of a driver licence which authorises the holder to drive a motor cycle, while the holder is driving or in charge of a motor cycle, whether or not the 20 holder also holds a driver licence which authorises him or her to drive another kind of motor vehicle.". (2) In section 52(2) of the Road Safety Act 1986, for "a concentration of alcohol present in the blood of 25 that person of 0·00 grams per 100 millilitres of blood" substitute "any concentration of alcohol present in the blood of that person". 10. Persons undergoing drug assessment may also be required to undergo breath analysis 30 (1) In section 55 of the Road Safety Act 1986, after sub-section (2) insert-- "(2AA) A member of the police force may require any person who is required to undergo a drug assessment under section 55A to furnish a 6 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 s. 11 Act No. sample of breath for analysis by a breath analysing instrument and may, for that purpose, require the person to remain at the place at which the person is required to 5 remain for the purposes of the drug assessment until-- (a) the person has furnished the sample of breath and been given the certificate referred to in sub-section (4) and the 10 drug assessment has been carried out; or (b) 3 hours after the driving, being an occupant of or being in charge of the motor vehicle-- 15 whichever is the sooner.". (2) In section 55(2A) of the Road Safety Act 1986, for "under sub-section (1) or (2)" substitute "under sub-section (1), (2) or (2AA)". (3) In section 55(9A) of the Road Safety Act 1986, 20 for "under sub-section (1) or (2)" substitute "under sub-section (1), (2) or (2AA)". 11. Limitation on use of blood samples taken for drug assessments In section 55B of the Road Safety Act 1986, after 25 sub-section (1) insert-- "(1A) A member of the police force must not require a person to allow a sample of his or her blood to be taken for analysis under sub- section (1)(a) if that person has already had a 30 sample of blood taken from him or her under section 55 after the driving, being an occupant of or being in charge of the motor vehicle.". 7 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 s. 12 Act No. 12. Removal of time limitation on certificates (1) In section 57(2) of the Road Safety Act 1986, omit "within 3 hours". (2) In section 57(7A)(b) of the Road Safety Act 5 1986, after sub-paragraph (iii) insert-- "(iiia) there is a reasonable possibility that the sample was not taken within 3 hours after the person who provided the sample drove or was in charge of the vehicle; or". 10 13. Removal of time limitation on certificates (1) In section 57A(2)(a) of the Road Safety Act 1986, omit "within 3 hours". (2) In section 57A(9)(b) of the Road Safety Act 1986, after sub-paragraph (ii) insert-- 15 "(iia) there is a reasonable possibility that the sample was not taken within 3 hours after the person who provided the sample drove or was in charge of the vehicle; or". 14. Alteration to method of expressing blood alcohol 20 concentration (1) In section 89C(1)(a) of the Road Safety Act 1986, for "is more than 0·05 grams per 100 millilitres of blood" substitute "is 0·05 grams per 100 millilitres of blood or more". 25 (2) In section 89C(2)(a) of the Road Safety Act 1986, for "is 0·05 grams or less per 100 millilitres of blood" substitute "is less than 0·05 grams per 100 millilitres of blood". (3) In section 89C(3)(a) of the Road Safety Act 30 1986, for "is 0·05 grams or less per 100 millilitres of blood" substitute "is less than 0·05 grams per 100 millilitres of blood". 8 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 s. 15 Act No. 15. Amendment of section 94A, Supreme Court-- limitation of jurisdiction In section 94A of the Road Safety Act 1986, after sub-section (2) insert-- 5 "(3) It is the intention of section 55(9E), to the extent that that section applies in respect of anything done under section 55(9A) as amended by section 10 of the Road Safety (Alcohol and Drugs Enforcement 10 Measures) Act 2001, to alter or vary section 85 of the Constitution Act 1975.". See: 16. Amendment of the Road Safety (Further Amendment) Act No. Act 1991 89/1991. In section 16(1) of the Road Safety (Further 15 Amendment) Act 1991, in proposed section 89C(1A)(a) of the Road Safety Act 1986, for "is 0·05 grams or less per 100 millilitres of blood" substitute "is less than 0·05 grams per 100 millilitres of blood". 20 _______________ 9 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 s. 17 Act No. PART 3--MARINE AMENDMENTS See: 17. Definitions Act No. 52/1988. In section 3(1) of the Marine Act 1988 insert the Reprint No. 4 following definition-- as at 4 February 5 ' "accompanying operator offence" means an 1999 and offence under section 28(1) which is amending committed by a person who is taken to be in Act Nos 28/1999, charge of a vessel by reason of the operation 14/2000, of section 27(1AAA);'. 74/2000 and 93/2000. LawToday: www.dms. dpc.vic. gov.au 10 18. Persons accompanying restricted operators subject to blood alcohol requirements In section 27 of the Marine Act 1988, after sub- section (1A) insert-- "(1AAA) A person is to be taken to be in charge of a 15 vessel under way, if that person is accompanying a person who is in charge of the vessel, for the purpose of enabling the person who is in charge of the vessel to comply with-- 20 (a) any condition of the person's licence; or (b) any requirement of regulations made under this Act-- that the person be accompanied by a licensed operator while in charge of the vessel.". 25 19. Alteration to method of expressing of blood alcohol concentration In section 28(1) of the Marine Act 1988-- (a) in paragraph (b), for "more than the prescribed concentration of alcohol" 10 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 s. 20 Act No. substitute "the prescribed concentration of alcohol or more than the prescribed concentration of alcohol"; (b) in paragraph (f)(i), for "more than the 5 prescribed concentration of alcohol" substitute "the prescribed concentration of alcohol or more than the prescribed concentration of alcohol". 20. Penalty for accompanying operator offence 10 (1) In section 28(2) of the Marine Act 1988, after "sub-section (1)(a)" insert ", other than an accompanying operator offence,". (2) In section 28(3) of the Marine Act 1988, after "sub-section (1)(b), (c), (d), (e) or (f)" insert 15 ", other than an accompanying operator offence,". (3) In section 28 of the Marine Act 1988, after sub- section (3) insert-- "(3A) A person who is guilty of an accompanying operator offence is liable to a fine of not 20 more than 5 penalty units.". 21. Persons accompanying operator may be required to give preliminary breath test In section 29(1) of the Marine Act 1988, after paragraph (a) insert-- 25 "(ab) any person he or she finds in a vessel under way where the person whom the member of the police force finds in charge of the vessel-- (i) holds an operator licence which is 30 subject to a condition that that person must be accompanied by a licensed operator while in charge of the vessel; or 11 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 s. 22 Act No. (ii) is required by regulations under this Act to be accompanied by a licensed operator while in charge of the vessel; or". 5 22. Removal of time limitation on certificates In section 32(2)(c) of the Marine Act 1988, omit "within 3 hours". See: 23. Definitions Act No. 93/2000. In section 3 of the Marine (Amendment) Act 10 2000, for the definition of "prescribed concentration of blood alcohol" as proposed to be inserted in section 3(1) of the Marine Act 1988, substitute-- ' "prescribed concentration of alcohol" 15 means-- (a) in the case of a person who is under the age of 21 years and who is in charge of a regulated recreational vessel under way, any concentration of alcohol 20 present in the blood of that person; and (b) in the case of any other person, a concentration of alcohol present in the blood of that person of 0.05 grams per 100 millilitres of blood.'. 25 24. Cancellation and disqualification not to apply to accompanying operator offence In section 9 of the Marine (Amendment) Act 2000, in proposed section 28A of the Marine Act 1988, after sub-section (3) insert-- 30 "(4) This section does not apply to a person who is convicted or found guilty of an accompanying operator offence.". 12 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 s. 25 Act No. 25. Consequential amendment to Marine (Amendment) Act 2000 In section 13 of the Marine (Amendment) Act 2000, in proposed section 61BA(1)(a) of the 5 Marine Act 1988, for "more than the prescribed concentration of blood alcohol" substitute "the prescribed concentration of alcohol or more than the prescribed concentration of alcohol". 10 13 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 14 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001
Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 Act No. 15 541165B.A1-4/5/2001 BILL LA AS SENT 4/5/2001