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Traffic Act 1987
25Driver of certain vehicles to be zero alcohol
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25 Driver of certain vehicles to be zero alcohol
(1) Subject to the Regulations, this section applies to the following
persons:
(a) the driver of a vehicle having a GVM of more than 15 t;
Traffic Act 1987 25
(b) the driver of a vehicle carrying dangerous goods within the
meaning of any of the following:
(i) the Dangerous Goods Act 1998;
(ii) Schedule 1 of the Work Health and Safety (National
Uniform Legislation) Act 2011;
(iii) the Transport of Dangerous Goods by Road and Rail
(National Uniform Legislation) Act 2010;
(c) the driver of a commercial passenger vehicle within the
meaning of the Commercial Passenger (Road) Transport
Act 1991;
(d) the driver of a vehicle capable of seating more than
12 persons (including the driver);
(e) the driver of a vehicle carrying more than 12 persons
(including the driver);
(f) the driver of a vehicle that has a space designed primarily for
the carriage of goods when a person is travelling in that
space.
(2) This section also applies to a person who:
(a) is under the age of 25 years; and
(b) has not held, in the Territory or elsewhere, a licence to drive a
motor vehicle for a continuous period of 3 years;
but does not apply if section 24 applies to the person.
(3) The person must not drive a motor vehicle if the person's breath or
blood contains alcohol.
(4) An offence against subsection (3) (a relevant offence) is a second
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subsection (1) or (2) and only if the previous offence was
(5) For subsection (4)(a)(iii) and (f), an offence for which an
(6) If a court finds a person who is not covered by subsection (2) guilty
of a relevant offence that is a second or subsequent offence, the
person's licence to drive is automatically cancelled and the person
is disqualified from obtaining a licence:
(6A) If a court finds a person covered by subsection (2) guilty of a
relevant offence that is a second or subsequent offence, the
person's licence to drive is cancelled and the person is disqualified
from:
(a) for a second offence:
is at least 3 months; and
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is at least 6 months and not more than 3 years; and
(b) for a subsequent offence:
is at least 6 months; and
is at least 6 months and not more than 3 years.
(7) A relevant offence that is a second or subsequent offence is an
(8) The Regulations may prescribe persons to whom, or circumstances
in which, this section does not apply.