52Zero blood or breath alcohol

52 Zero blood or breath alcohol S. 52(1) substituted by No. 78/1987 s. 9(1), amended by Nos 37/1996 s. 6(1), 41/2020 s. 40(1), 30/2021 s. 52(a), 34/2023 s. 44(1)(a). (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 person to drive such a motor vehicle, but, subject to the operation of any other subsection of this section, does not apply to a person— S. 52(1)(a) substituted by Nos 30/2021 s. 52(b), 34/2023 s. 44(1)(b). (a) who does not hold a full driver licence— (i) only because the person failed to renew their full driver licence; and (ii) the person was driving or in charge of the motor vehicle during the first 6 months after failing to renew that licence; or S. 52(1)(b) amended by Nos 37/1996 s. 6(2), 5/2016 s. 36(Sch. 1 item 29), substituted by No. 49/2019 s. 112(1), amended by No. 30/2021 s. 52(c)(i). (b) who— S. 52(1)(b)(i) amended by No. 30/2021 s. 52(c)(ii). (i) is the holder of a licence which— (A) was issued in another State, a Territory or another country; and S. 52(1) (b)(i)(B) substituted by No. 30/2021 s. 51(1)(a), amended by No. 34/2023 s. 44(1)(c). (B) is not a provisional licence, a licence on probation or a licence that is the equivalent of a learner permit; and S. 52(1) (b)(i)(C) amended by No. 30/2021 s. 51(1)(b). (C) is not subject to a condition or other legal requirement that the person have zero concentration of alcohol present in that person's blood or breath; and S. 52(1)(b)(ii) substituted by No. 30/2021 ss 51(1)(c), 52(c)(iii). (ii) is authorised by the regulations to drive such a motor vehicle; and S. 52(1)(b)(iii) inserted by No. 30/2021 s. 52(d). (iii) has not resided in Victoria for 12 months or more before driving, or being in charge of, the motor vehicle. S. 52(1A) inserted by No. 89/1991 s. 12, substituted by No. 37/1996 s. 6(3), amended by No. 49/2019 s. 112(2), substituted by No. 41/2020 s. 40(2). (1A) This section also applies to a person while that person is driving or in charge of a heavy vehicle or bus. S. 52(1B) inserted by No. 17/1994 s. 9, amended by Nos 37/1996 s. 6(4), 1/2002 s. 9(2)(a)(b), substituted by No. 56/2013 s. 27(1). (1B) This section also applies to a person who is driving or in charge of a motor vehicle, while holding a driver licence or learner permit which authorises the holder to drive such a motor vehicle, during the period of 3 years (or any longer period during which an alcohol interlock condition applies to the licence or permit) from the first issue of the licence or permit if— S. 52(1B)(a) substituted by No. 49/2014 s. 31. (a) the person had been disqualified from obtaining a driver licence or learner permit under section 50 or 89C or, by force of section 3AD, was taken to be so disqualified under section 89C and the licence or permit was issued to the person following the disqualification; or S. 52(1B)(ab) inserted by No. 70/2016 s. 20. (ab) the person had been disqualified from obtaining a driver licence or learner permit under section 25(3) and the licence or permit was issued to the person following the disqualification; or S. 52(1B)(ac) inserted by No. 68/2017 s. 11(1). (ac) the person had been prevented under section 23A from obtaining a driver licence or learner permit because the person was disqualified from driving in another State or a Territory in respect of a corresponding interstate drink-driving offence and the driver licence or learner permit was issued to the person after the person had ceased to be prevented from obtaining a driver licence or learner permit; or S. 52(1B)(b) substituted by No. 49/2014 s. 31. (b) the person had been disqualified from obtaining a driver licence or learner permit under section 89 of the **Sentencing Act 1991** or, by force of section 3AD of this Act, was taken to be so disqualified under that section 89 and the licence or permit had been issued only because of the making by the Magistrates' Court of a licence eligibility order. Note to s. 52(1B) inserted by No. 7/2019 s. 25(1). Section 28A(2) provides that a person whose driver licence or learner permit is suspended by force of section 89(4) of the **Sentencing Act 1991** is not disqualified for the purposes of this section. S. 52(1BA) inserted by No. 56/2013 s. 27(1), repealed by No. 7/2019 s. 25(2). S. 52(1BB) inserted by No. 68/2017 s. 11(2). (1BB) This section also applies to a person who is driving or in charge of a motor vehicle while holding a driver licence or learner permit which authorises the holder to drive such a motor vehicle if— (a) an alcohol interlock condition applies to the driver licence or learner permit; and (b) the alcohol interlock condition has been imposed because at the time the driver licence or learner permit was granted, the person held a licence or permit issued in another State or a Territory that was subject to an alcohol interlock condition. S. 52(1BBA) inserted by No. 30/2021 s. 51(2). (1BBA) The application of this section to a person by subsection (1BB) continues for whichever is the longer of— (a) the period of 3 years from the first issue of the driver licence or learner permit; or (b) the period during which the alcohol interlock condition applies to the licence or permit. S. 52(1BBB) inserted by No. 34/2023 s. 44(2). (1BBB) This section also applies to a person granted a driver licence or learner permit on which an alcohol interlock condition is imposed under section 31KA or 31KB, or by reason of an alcohol interlock condition direction under section 50AAA, for the period of 3 years from the day on which that condition is removed under section 50AAAB or 50AAAD. S. 52(1BBC) inserted by No. 34/2023 s. 44(2). (1BBC) This section also applies to a person granted a driver licence or learner permit on which an alcohol interlock condition would have been imposed, if not for an exemption under section 50AAAD, for the period of 3 years from the day on which that exemption is granted. S. 52(1C) inserted by No. 58/1995 s. 13, amended by No. 37/1996 s. 6(5), substituted by No. 63/2017 s. 21(Sch. 1 item 8.3). (1C) This section also applies to a person who is using a vehicle for the purpose of providing commercial passenger vehicle services within the meaning of the **Commercial Passenger Vehicle Industry Act 2017**. S. 52(1D) inserted by No. 63/1998 s. 5, amended by No. 94/2003 s. 27(4). (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). S. 52(1E) inserted by No. 23/2001 s. 9(1) (as amended by No. 92/2001 s. 33), amended by Nos 49/2014 s. 45, 68/2017 s. 67(1). (1E) Subject to subsections (1F) and (1G), this section also applies during the period of 3 years from the first 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. S. 52(1F) inserted by No. 23/2001 s. 9(1) (as amended by No. 92/2001 s. 33), amended by No. 49/2019 s. 116(Sch. 1 item 123)). (1F) If the Secretary is satisfied that a person has appropriate licensed motor cycle driving experience (wherever obtained), the Secretary may— (a) waive the application to the person of subsection (1E); or S. 52(1F)(b) amended by No. 49/2014 s. 45. (b) specify a shorter period than 3 years for the purposes of that subsection. S. 52(1G) inserted by No. 23/2001 s. 9(1) (as amended by No. 92/2001 s. 33), amended by No. 49/2014 s. 45, substituted by No. 68/2017 s. 67(2). (1G) In calculating— (a) the period of 3 years referred to in subsection (1E); or (b) the shorter period applying under subsection (1F)— any period for which the person's driver licence has been suspended or for which the person has been disqualified from driving during the period referred to in paragraph (a) or (b) must be excluded. S. 52(2) amended by Nos 78/1987 s. 9(2), 53/1989 s. 21(1), substituted by No. 5/1990 s. 9(a), amended by Nos 23/2001 s. 9(2), 94/2003 s. 8(20). (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. S. 52(3) repealed by No. 5/1990 s. 9(b), new s. 52(3) inserted by No. 56/2013 s. 27(2). (3) If this section applies to a person by force of the operation of more than one subsection, the periods provided by those subsections operate concurrently. S. 52(4) amended by No. 78/1987 s. 9(2) repealed by No. 5/1990 s. 9(b), new s. 52(4) inserted by No. 56/2013 s. 27(2). (a) during any period during which this section applies to a person (the ***application period***), the driver licence or learner permit held by the person is suspended or he or she does not hold a driver licence or learner permit; and (b) before the end of the application period the suspension ends or a new or renewed driver licence or learner permit is granted to the person— the part of the application period then remaining continues or, in the case of a new or renewed driver licence or learner permit, is carried over to that licence or permit. Under this section a person is subject to zero blood or breath alcohol for a 3 year period and this requirement is due to expire on 1 January 2017. 18 months into that 3 year period the person's driver licence is cancelled and the person is disqualified from obtaining a further driver licence or learner permit for 6 months. The person is granted a new driver licence within the original 3 year period. He or she will then be subject to zero blood or breath alcohol for the remainder of that original 3 year period, that is, from when the new driver licence is granted until 1 January 2017. S. 52(5)–(7) repealed.[[8]](#endnote-9) S. 53 amended by No. 44/1989 s. 41(Sch. 2 item 34.4).