4GMeaning of qualified, fit or authorised to drive or to run an engine

4G Meaning of qualified, fit or authorised to drive or to run an engine

(1)  For the purposes of this Act, a person is qualified to drive a vehicle or to run its engine if he or she –

(a) holds a driver licence of the appropriate class to drive the vehicle, and the driver licence is not suspended; and

(b) is not prevented by or under a law (including, for example, by the conditions of the licence) from driving the vehicle at the relevant time.

(2)  For the purposes of this Act, a person is fit to drive a vehicle or to run its engine if he or she –

(a) is apparently physically and mentally fit to drive the vehicle; and

(b) without limiting the above, is not apparently affected by either or both –

(i) alcohol; or

(ii) any drug that affects his or her fitness to drive; and

(c) does not at the time have a concentration of alcohol in his or her blood that exceeds the amount permitted by a law of Tasmania; and

(d) does not at the time have a concentration of a drug, that affects his or her fitness to drive, in his or her blood or oral fluid that exceeds the amount permitted by a law of Tasmania.

(3)  For the purposes of this Act, a person is authorised –

(a) to drive a vehicle if he or she is its operator or has the authority of the operator to drive it; or

(b) to run the engine of a vehicle if he or she is its operator or has the authority of the operator to drive the vehicle or to run the engine –

regardless of whether or not he or she is qualified to drive the vehicle or to run its engine.