Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 52

Zero blood or breath alcohol

52. Zero blood or breath alcohol









(1) This section applies to any person who is driving or in charge of a motor
vehicle without holding a full driver licence which authorises the holder to
drive such a motor vehicle, but does not apply to a person who-

   (a)  is not the holder of a full driver licence merely because he or she
        has failed to renew his or her licence; or





   (b)  is-

   (i)  the holder of a licence to drive such a motor vehicle, which is issued
        under-

                (A)  an Act of another State or a Territory of the
                     Commonwealth that corresponds with this Act; or

                (B)  a law of another country-
and which is not a provisional licence or a licence which is on probation; and

   (ii) exempted under the regulations from the requirement to hold a driver
        licence or permit.

(1A) This section also applies to a person who is the holder of a full driver
licence which authorises him or her to drive a large vehicle, while that
person is driving or in charge of a large vehicle.



(1B) This section also applies, during the period of 3 years (or any longer
period during which an alcohol interlock condition as defined in section 3(1)
of this Act or section 87P(1) of the Sentencing Act 1991, as the case
requires, applies to the licence) from the first issue of a licence on that
order, to a person who is driving or in charge of a motor vehicle while
holding a full driver licence which authorises the holder to drive such a
motor vehicle issued only because of the order of the Magistrates' Court made
on an application under section 50(4) of this Act or section 89(2) of the
Sentencing Act 19915.

(1C) This section also applies to a person who is the holder of a full driver
licence which authorises him or her to drive a taxi-cab, while that person is
driving or in charge of a taxi-cab.



(1D) This section also applies to a person who for financial gain, or in the
course of any trade or business, is teaching a person, who does not hold a
driver licence, to drive on a highway a motor vehicle of a kind described in
section 33(3) while that person is in charge of the motor vehicle being used
for teaching purposes by virtue of section 3AA(1)(c).

(1E) Subject to subsections (1F) and (1G), this section also applies during
the period of 1 year from the 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 holder also holds a driver licence which
authorises him or her to drive another kind of motor vehicle.

(1F) If the Corporation is satisfied that a person has appropriate licensed
motor cycle driving experience (wherever obtained), it may-

   (a)  waive the application to the person of subsection (1E); or

   (b)  specify a shorter period than 1 year for the purposes of that
        subsection.

(1G) If a driver licence referred to in subsection (1E) is suspended (whether
by a court or the Corporation) during the period of 1 year referred to in that
subsection (or the shorter period applying under subsection (1F)), the period
applying to the person for the purposes of subsection (1E) is extended by a
period equal to the period of the suspension.

(2) The prescribed concentration of alcohol in the case of a person to whom
this section applies is any concentration of alcohol present in the blood or
breath of that person.







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