Road Transport (Alcohol and Drugs) Act 1977
24AUse vehicle or animal on road or road related area under
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24A Use vehicle or animal on road or road related area under influence of alcohol or drug (i) drives a vehicle on a road; or (ii) rides an animal on a road; or (iii) is in charge of an animal, including an animal being used for an animal-drawn vehicle, on a road; and (b) the person is under the influence of alcohol or a drug to such an extent that the person is incapable of having proper control of the vehicle or animal. (a) for a first offender—30 penalty units, imprisonment for 6 months or both; or (b) for a repeat offender—30 penalty units, imprisonment for 12 months or both.
(2) A person commits an offence if— (i) drives a vehicle on a road related area; or (ii) rides an animal on a road related area; or (iii) is in charge of an animal, including an animal being used for an animal-drawn vehicle, on a road related area; and (b) the person is under the influence of alcohol or a drug to such an extent that the person is incapable of having proper control of the vehicle or animal. (4) If a charge for an offence against this section states that the person was under the influence of ‘alcohol or a drug’, in a proceeding for the offence— (a) evidence that the person was under the influence of alcohol, or a drug, or both, is admissible; and (b) if the evidence establishes that the person was under the influence of alcohol, or a drug, or both, the person may be convicted of the offence. animal means a horse, cattle or sheep. drive, a vehicle— (a) includes— (i) be in control of the steering, movement or propulsion of the vehicle; and (ii) if the vehicle can be ridden—ride the vehicle; but
(b) does not include pushing, carrying or otherwise controlling the vehicle while dismounted. first offender, in relation to an offence against subsection (1), means a person who— (a) is convicted or found guilty of an offence against subsection (1); and (b) is not a repeat offender in relation to the offence. repeat offender, in relation to an offence against subsection (1), means a person who— (a) is convicted or found guilty of an offence against subsection (1) (the current offence); and (b) has been convicted or found guilty of another offence against subsection (1) committed within 5 years before the current offence regardless of whether the person— (i) has been convicted or found guilty of the earlier offence before the person committed the current offence; or (ii) is convicted or found guilty concurrently with the current offence. vehicle means— (a) a bicycle; or (b) a personal mobility device; or (c) an animal-drawn vehicle.