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ROAD SAFETY ACT 1986 - SECT 85 Immediate licence or permit suspension for charges for certain drug or alcohol related offences

ROAD SAFETY ACT 1986 - SECT 85

Immediate licence or permit suspension for charges for certain drug or alcohol related offences

    (1)     If a person is charged with a relevant offence by a police officer, any police officer, by written notice, may suspend the driver licence or learner permit of the person at any time after the filing of the charge-sheet charging the relevant offence until the charge has been determined.

    (2)     If a person is charged with a relevant offence by an employee of the Department, where the person had been driving or in charge of a commercial motor vehicle, an employee of the Department, by written notice, may suspend the driver licence or learner permit of the person at any time after the filing of the charge-sheet charging the relevant offence until the charge has been determined.

    (3)     In this section—

"relevant offence" means—

        (a)     an offence under section 49(1)(b), (bc), (f), (g) or (j) where it is alleged that the concentration of alcohol in the blood or breath of the person charged (as the case requires) was—

              (i)     if the person held a full driver licence

    (A)     0·10 grams or more per 100 millilitres of blood; or

    (B)     0·10 grams or more per 210 litres of exhaled air; or

              (ii)     if the person held a learner permit or probationary driver licence

    (A)     0 07 grams or more per 100 millilitres of blood; or

    (B)     0 07 grams or more per 210 litres of exhaled air; or

        (b)     an offence under paragraph (c), (d) or (e) of section 49(1); or

        (c)     an offence that would be a subsequent offence, within the meaning of section 48(2), if the person charged were convicted.

S. 85A inserted by No. 6/2020 s. 7.