National Transport Commission (Road Transport Legislation – Compliance and Enforcement Bill) Regulations 2006
23Meaning of qualified, fit or authorised to drive or run engine
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23 Meaning of qualified, fit or authorised to drive or run engine
(1) For the purposes of this Part, a person is qualified to drive a vehicle or combination (or to run its engine) if the person: (a) holds a driver licence of the appropriate class to drive it 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 it at the relevant time. (2) For the purposes of this Part, a person is fit to drive a vehicle or combination (or to run its engine) if the person: (a) is apparently physically and mentally fit to drive the vehicle or combination; and (b) (without limiting the above) is not apparently affected by: (i) alcohol; or (ii) any drug that affects the person’s fitness to drive; or both; and (c) is not at the time found to have a concentration of alcohol in the person’s blood that exceeds the amount permitted by a road law. (3) For the purposes of this Part, a person is authorised: (a) to drive a vehicle or combination if the person is its operator or has the authority of the operator to drive it; or (b) to run the engine of a vehicle or combination if the person is its operator or has the authority of the operator to drive it or to run the engine; regardless of whether or not the person is qualified to drive the vehicle or combination (or run its engine) as mentioned in subsection (1).