Section 111 - Road Transport Act 2013 - Presence of certain drugs (other than alcohol) in oral fluid, blood or urine

111Presence of certain drugs (other than alcohol) in oral fluid, blood or urine

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111 Presence of certain drugs (other than alcohol) in oral fluid, blood or urine

(cf STM Act, s 11B)

(1) Presence of prescribed illicit drug in person’s oral fluid, blood or urine A person must not, while there is present in the person’s oral fluid, blood or urine any prescribed illicit drug—

(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).

(2) If a person is charged with an offence against subsection (1)—

(a) the court attendance notice may allege that more than one prescribed illicit drug was present in the oral fluid, blood or urine of the person and the proceedings are not liable to be dismissed on the ground of uncertainty or duplicity if each of those drugs is described in the court attendance notice, and

(b) the offence is proved if the court is satisfied beyond reasonable doubt that there was present in the oral fluid, blood or urine of the defendant—

(i) a drug described in the court attendance notice, or

(ii) a combination of drugs any one or more of which was or were described in the court attendance notice.

(3) Presence of morphine in person’s blood or urine A person must not, while there is present in the person’s blood or urine any morphine—

(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).