Crimes Amendment (Off-road Fatal Accidents) Act 2015 (NSW)

An Act to amend the Crimes Act 1900 and the Road Transport Act 2013 to make further provision for evidence of intoxication in connection with dangerous driving and to provide for testing for alcohol and drug use in off-road accidents.

1Name of Act

This Act is the Crimes Amendment (Off-road Fatal Accidents) Act 2015.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Crimes Act 1900 No 40[1]Section 52AA Dangerous driving: procedural matters

Omit “occurring at a place that is not a road” from section 52AA (2) and (3A) wherever occurring.

[2]Section 52AA (7)

Omit the definition of road.

Schedule 2Amendment of Road Transport Act 2013 No 18[1]Schedule 3 Testing for alcohol and drug use

Omit the definition of accident participant from clause 10 (1).

[2]Schedule 3, clause 12

Insert after clause 12 (5):

(6)

In this clause:

accident means:

• (a)

  an accident on a road involving a motor vehicle or other vehicle or a horse, or

• (b)

  an accident not on a road involving a motor vehicle.

accident participant means a person who:

• (a)

  at the time of an accident, was:

  • (i)

    driving a motor vehicle involved in the accident, or

  • (ii)

    occupying the driving seat of a motor vehicle involved in the accident and attempting to put the motor vehicle in motion, or

  • (iii)

    the holder of an applicable driver licence and occupying the seat in the motor vehicle next to a learner driver who was driving a motor vehicle involved in the accident, and

• (b)

  is at least 15 years old.