28AProvisions about cancellation and disqualification

28A Provisions about cancellation and disqualification

S. 28A(1) amended by No. 36/2013 s. 86(1).

(1) On convicting a person, or finding a person guilty of an offence under section 28(1)(b), (e) or (f) the court may where—

(a) the concentration of alcohol—

(i) in the blood of that person was less than 0⋅05 grams per 100 millilitres of blood; or

(ii) in the breath of that person was less than 0⋅05 grams per 210 litres of exhaled air—

(b) the offence is a first offence—

if the offender holds a marine licence, cancel that licence and, whether or not the offender holds a marine licence, disqualify the offender from obtaining one for such time as the court thinks fit, not being more than 6 months.

S. 28A(2) amended by No. 36/2013 s. 86(2).

(2) Subject to subsection (3), on convicting a person, or finding a person guilty, of an offence under section 28(1)(b), (e) or (f), the court must, if the offender holds a marine licence, cancel that licence and, whether or not the offender holds a marine licence, disqualify the offender from obtaining one for such time as the court thinks fit, not being less than—

(a) in the case of a first offence, the period specified in Column 2 of Schedule 1 ascertained by reference to the concentration of alcohol in the blood or breath of the offender as specified in Column 1 of that Schedule; and

(b) in the case of a subsequent offence, the period specified in Column 3 of Schedule 1 ascertained by reference to the concentration of alcohol in the blood or breath of the offender as specified in Column 1 of that Schedule.

S. 28A(3) amended by No. 36/2013 s. 86(3).

(3) If a court finds a person guilty of an offence under section 28(1)(b), (e) or (f) but does not record a conviction, the court is not required to cancel a marine licence or disqualify the offender from obtaining one in accordance with subsection (2) if it appears to the court that at the relevant time the concentration of alcohol in the blood or breath of the offender—

(a) in the case of a person previously found guilty of an offence against any one of the paragraphs of section 28(1) or any previous enactment corresponding to any of those paragraphs or any corresponding law, was less than 0⋅05 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires); or

(b) in any other case, was less than 0⋅07 grams per 100 millilitres of blood or 210 litres of exhaled air (as the case requires).

(4) Subsection (3)(b) does not apply to a person who, at the time the offence was committed, was under the age of 26 years.

S. 28A(5) amended by No. 36/2013 s. 86(4).