Section 110 - Road Transport Act 2013 - Presence of prescribed concentration of alcohol in person’s breath or blood

110Presence of prescribed concentration of alcohol in person’s breath or blood

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110 Presence of prescribed concentration of alcohol in person’s breath or blood

(cf STM Act, ss 9, 10, 11 and 11A)

(1) Offence—novice range prescribed concentration of alcohol A novice driver must not, while there is present in the driver’s breath or blood the novice range prescribed concentration of alcohol—

(a) drive the motor vehicle, or

(b) occupy the driving seat of the motor vehicle and attempt to put the motor vehicle in motion.

Maximum penalty—20 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence).

(2) Offence—special range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the special range prescribed concentration of alcohol—

(a) if the person is a special category driver in respect of a motor vehicle—drive the motor vehicle, or

(b) if the person is a special category driver in respect of a motor vehicle—occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or

(c) if the person is a special category supervisor in respect of a motor vehicle and the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.

Maximum penalty—20 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence).

(3) Offence—low range prescribed concentration of alcohol A person must not, while there is present in the person’s breath or blood the low range prescribed concentration of alcohol—

(a) drive a motor vehicle, or

(b) occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or

(c) if the person is the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)—occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.

Maximum penalty—20 penalty units (in the case of a first offence) or 30 penalty units (in the case of a second or subsequent offence).