Road Safety (Alcohol and Drugs Enforcement Measures) Act 2001 (Vic)

Road Safety (Alcohol and Drugs Enforcement

Measures) Act 2001

Act No. 23/2001

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—ROAD SAFETY AMENDMENTS 3

3.	Definitions	3
4.	Persons accompanying learner drivers subject to blood alcohol
content requirement	3
5.	Alteration to method of expressing blood alcohol concentration	4
6.	Penalty for accompanying driver offence	5
7.	Alteration to method of expressing blood alcohol concentration	5
8.	Cancellation and disqualification not to apply to accompanying
driver offence	6
9.	Amendment of zero blood alcohol requirements	6
10.	Persons undergoing drug assessment may also be required to
undergo breath analysis	6
11.	Limitation on use of blood samples taken for drug assessments	7
12.	Removal of time limitation on certificates	8
13.	Removal of time limitation on certificates	8
14.	Alteration to method of expressing blood alcohol concentration	8
15.	Amendment of section 94A, Supreme Court—limitation of
jurisdiction	9
16.	Amendment of the Road Safety (Further Amendment) Act
1991	9

PART 3—MARINE AMENDMENTS 10

17.	Definitions	10
18.	Persons accompanying restricted operators subject to blood
alcohol requirements	10
19.	Alteration to method of expressing of blood alcohol
concentration	10
20.	Penalty for accompanying operator offence	11

i

Section Page

21.      Persons accompanying operator may be required to give

preliminary breath test 11
22.	Removal of time limitation on certificates 12
23.	Definitions 12

24.      Cancellation and disqualification not to apply to accompanying

operator offence 12
25.	Consequential amendment to Marine (Amendment) Act 2000 13

═══════════════

ENDNOTES 14

ii

Victoria

No. 23 of 2001

Road Safety (Alcohol and Drugs

Enforcement Measures) Act 2001†

[Assented to 29 May 2001]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) to make miscellaneous amendments to the Road Safety Act 1986, the Marine Act 1988 and other Acts related to alcohol and drugs enforcement; and

Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001

Act No. 23/2001 s. 2

(b) to make further minor amendments to those Acts.

2. Commencement

(1) This Part and sections 16, 23, 24 and 25 come into

operation on the day after the day on which this
Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 February 2002, it
comes into operation on that day.

_______________
Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001

s. 3 Act No. 23/2001

PART 2—ROAD SAFETY AMENDMENTS

See:

Act No.	3. Definitions
127/1986.
Reprint No. 6	(1) In section 3(1) of the Road Safety Act 1986,
as at	insert the following definition—
1 December
2000
and	' "accompanying driver offence" means an
amending	offence under section 49(1) which is
Act Nos	committed by a person who is taken to be in
19/1991 and
89/1991.	charge of a motor vehicle by reason of the
LawToday:	operation of section 48(1AAA);'.
	dpc.vic.
gov.au	(2) In section 3(1) of the Road Safety Act 1986, in

the definition of "drink driving infringement",
after "(g)" insert ", other than an accompanying
driver offence,".

4.  Persons accompanying learner drivers subject to blood alcohol content requirement

(1) In section 48 of the Road Safety Act 1986, for

sub-section (1AA) substitute—

"(1AA) Despite sub-section (1)(b), a person who, for financial gain or in the course of any trade or business, is teaching a person, who is driving a motor vehicle of a kind described in

section 33(3), for which that person does not
hold an appropriate driver licence, to drive
that motor vehicle on a highway, is to be
taken to be in charge of the motor vehicle,
while the person whom he or she is teaching
to drive is driving or in charge of the
vehicle.".

(2) In section 48 of the Road Safety Act 1986, after sub-section (1AA) insert—

"(1AAA) Despite sub-section (1)(b), a person—

(a) who is a person to whom sub-section (1AA) does not apply; and

Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001

Act No. 23/2001 s. 5

(b)	who is sitting beside a person, who is driving a motor vehicle for which that person does not hold an appropriate
driver licence, for the purpose of enabling that person lawfully to drive that motor vehicle on a highway—

is to be taken to be in charge of the motor
vehicle while the person who does not hold
the driver licence is driving or in charge of

the vehicle.".

(3) In section 48 of the Road Safety Act 1986, for

sub-section (1AB) substitute—

"(1AB) Sub-sections (1AA) and (1AAA) do not

affect any liability of the person who does not hold the appropriate driver licence for any offence committed by that person while
so driving or being in charge of the motor
vehicle.".

(4) In section 48(2)(d) of the Road Safety Act 1986,

after "an offence" insert ", other than an
accompanying driver offence".

5.  Alteration to method of expressing blood alcohol concentration

In section 49(1) of the Road Safety Act 1986—

(a)	in paragraph (b), for "more than the prescribed concentration of alcohol" substitute "the prescribed concentration of
alcohol or more than the prescribed concentration of alcohol";

(b) in paragraph (e), after "(2)" insert ", (2AA)";

(c) in paragraph (f), after "section 55(1)" insert "or (2AA)";

Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001

s. 6 Act No. 23/2001

(d) prescribed concentration of alcohol"
substitute "the prescribed concentration of

in paragraph (f)(i), for "more than the concentration of alcohol";

(e) prescribed concentration of alcohol"
substitute "the prescribed concentration of

in paragraph (g)(i), for "more than the concentration of alcohol".

6. Penalty for accompanying driver offence

(1) In section 49(2) of the Road Safety Act 1986,

after "sub-section (1)" insert ", other than an

accompanying driver offence,".

(2) In section 49(3) of the Road Safety Act 1986,

after "sub-section (1)" insert ", other than an
accompanying driver offence,".

(3) In section 49 of the Road Safety Act 1986, after sub-section (3) insert—

"(3AA) A person who is guilty of an accompanying driver offence is liable to a fine of not more than 5 penalty units.".

7.  Alteration to method of expressing blood alcohol concentration

(1) In section 50(1)(a) of the Road Safety Act 1986 for "was 0·05 grams per 100 millilitres of blood or less" substitute "was less than 0·05 grams per 100 millilitres of blood".

(2) In section 50(1AB) of the Road Safety Act

1986—

(a) in paragraph (a), for "was not more than 0·05 grams per 100 millilitres of blood" substitute "was less than 0·05 grams per

100 millilitres of blood";

Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001

Act No. 23/2001 s. 8

(b) in paragraph (b), for "was not more than 0·10 grams per 100 millilitres of blood" substitute "was less than 0·10 grams per

100 millilitres of blood".

8.  Cancellation and disqualification not to apply to accompanying driver offence

In section 50 of the Road Safety Act 1986, after

sub-section (5) insert—

"(6) This section does not apply to a person who

is convicted or found guilty of an

accompanying driver offence.".

9. Amendment of zero blood alcohol requirements

(1) In section 52 of the Road Safety Act 1986, after sub-section (1D) insert—

"(1E) This section also applies, during the period

of 1 year from the first issue of a driver
licence which authorises the holder to drive a
motor cycle, while the holder is driving or in
charge of a motor cycle, whether or not the
holder also holds a driver licence which
authorises him or her to drive another kind of
motor vehicle.".

(2) In section 52(2) of the Road Safety Act 1986, for "a concentration of alcohol present in the blood of that person of 0·00 grams per 100 millilitres of

blood" substitute "any concentration of alcohol
present in the blood of that person".

10.  Persons undergoing drug assessment may also be required to undergo breath analysis

(1) In section 55 of the Road Safety Act 1986, after sub-section (2) insert—

"(2AA) A member of the police force may require

any person who is required to undergo a drug
assessment under section 55A to furnish a

Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001

s. 11 Act No. 23/2001

sample of breath for analysis by a breath
analysing instrument and may, for that
purpose, require the person to remain at the
place at which the person is required to
remain for the purposes of the drug

assessment until—

(a)	the person has furnished the sample of breath and been given the certificate referred to in sub-section (4) and the drug assessment has been carried out; or
(b)	3 hours after the driving, being an occupant of or being in charge of the motor vehicle—

whichever is the sooner.".

(2) In section 55(2A) of the Road Safety Act 1986,

for "under sub-section (1) or (2)" substitute
"under sub-section (1), (2) or (2AA)".

(3) In section 55(9A) of the Road Safety Act 1986,

for "under sub-section (1) or (2)" substitute
"under sub-section (1), (2) or (2AA)".

11.  Limitation on use of blood samples taken for drug assessments

In section 55B of the Road Safety Act 1986, after sub-section (1) insert—

"(1A) A member of the police force must not

require a person to allow a sample of his or
her blood to be taken for analysis under sub-
section (1)(a) if that person has already had a
sample of blood taken from him or her under
section 55 after the driving, being an
occupant of or being in charge of the motor
vehicle.".

Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001

Act No. 23/2001 s. 12

12. Removal of time limitation on certificates

(1) In section 57(2) of the Road Safety Act 1986,

omit "within 3 hours".

(2) In section 57(7A)(b) of the Road Safety Act

1986, after sub-paragraph (iii) insert—

"(iiia) there is a reasonable possibility that the

sample was not taken within 3 hours after the
person who provided the sample drove or

was in charge of the vehicle; or".

13. Removal of time limitation on certificates

(1) In section 57A(2)(a) of the Road Safety Act

1986, omit "within 3 hours".

(2) In section 57A(9)(b) of the Road Safety Act

1986, after sub-paragraph (ii) insert—

"(iia) there is a reasonable possibility that the

sample was not taken within 3 hours after the
person who provided the sample drove or
was in charge of the vehicle; or".

14.  Alteration to method of expressing blood alcohol concentration

(1) In section 89C(1)(a) of the Road Safety Act

1986, for "is more than 0·05 grams per
100 millilitres of blood" substitute "is 0·05 grams

per 100 millilitres of blood or more".

(2) In section 89C(2)(a) of the Road Safety Act

1986, for "is 0·05 grams or less per 100 millilitres
of blood" substitute "is less than 0·05 grams per

100 millilitres of blood".

(3) In section 89C(3)(a) of the Road Safety Act

1986, for "is 0·05 grams or less per 100 millilitres
of blood" substitute "is less than 0·05 grams per
100 millilitres of blood".

Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001

s. 15 Act No. 23/2001

15.  Amendment of section 94A, Supreme Court— limitation of jurisdiction

In section 94A of the Road Safety Act 1986, after
sub-section (2) insert—

"(3) It is the intention of section 55(9E), to the

extent that that section applies in respect of
anything done under section 55(9A) as
amended by section 10 of the Road Safety
(Alcohol and Drugs Enforcement
Measures) Act 2001, to alter or vary section

85 of the Constitution Act 1975.".

See:

Act No.	16. Amendment of the Road Safety (Further Amendment)
89/1991.	Act 1991

In section 16(1) of the Road Safety (Further
Amendment) Act 1991, in proposed section
89C(1A)(a) of the Road Safety Act 1986, for "is
0·05 grams or less per 100 millilitres of blood"
substitute "is less than 0·05 grams per

100 millilitres of blood".

_______________
Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001

Act No. 23/2001 s. 17

PART 3—MARINE AMENDMENTS

See:

17. Definitions Act No. 52/1988.

In section 3(1) of the Marine Act 1988 insert the	Reprint No. 4
following definition—	as at 4 February
' "accompanying operator offence" means an	1999
and
offence under section 28(1) which is	amending
committed by a person who is taken to be in	Act Nos 28/1999,
charge of a vessel by reason of the operation	14/2000,
of section 27(1AAA);'.	74/2000 and 93/2000.
LawToday:
dpc.vic.
gov.au

18.  Persons accompanying restricted operators subject to blood alcohol requirements

In section 27 of the Marine Act 1988, after sub- section (1A) insert—

"(1AAA) A person is to be taken to be in charge of a

vessel under way, if that person is
accompanying a person who is in charge of
the vessel, for the purpose of enabling the
person who is in charge of the vessel to

comply with—

(a) any condition of the person's licence; or

(b) any requirement of regulations made under this Act—

that the person be accompanied by a licensed
operator while in charge of the vessel.".

19.  Alteration to method of expressing of blood alcohol concentration

In section 28(1) of the Marine Act 1988—

(a) in paragraph (b), for "more than the prescribed concentration of alcohol"

Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001

s. 20 Act No. 23/2001

substitute "the prescribed concentration of
alcohol or more than the prescribed

concentration of alcohol";

(b) prescribed concentration of alcohol"
substitute "the prescribed concentration of

in paragraph (f)(i), for "more than the concentration of alcohol".

20. Penalty for accompanying operator offence

(1) In section 28(2) of the Marine Act 1988, after

"sub-section (1)(a)" insert ", other than an

accompanying operator offence,".

(2) In section 28(3) of the Marine Act 1988, after

"sub-section (1)(b), (c), (d), (e) or (f)" insert
", other than an accompanying operator offence,".

(3) In section 28 of the Marine Act 1988, after sub- section (3) insert—

"(3A) A person who is guilty of an accompanying

operator offence is liable to a fine of not
more than 5 penalty units.".

21.  Persons accompanying operator may be required to give preliminary breath test

In section 29(1) of the Marine Act 1988, after
paragraph (a) insert—

"(ab) any person he or she finds in a vessel under

way where the person whom the member of
the police force finds in charge of the
vessel—

(i)  holds an operator licence which is subject to a condition that that person must be accompanied by a licensed operator while in charge of the vessel; or

Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001

Act No. 23/2001 s. 22

(ii)  is required by regulations under this Act to be accompanied by a licensed operator while in charge of the vessel;

or".

22. Removal of time limitation on certificates

In section 32(2)(c) of the Marine Act 1988, omit

"within 3 hours".

See:

23. Definitions Act No.

In section 3 of the Marine (Amendment) Act	93/2000.
2000, for the definition of "prescribed concentration of blood alcohol" as proposed to be inserted in section 3(1) of the Marine Act 1988, substitute— ' "prescribed concentration of alcohol"

means—

(a)	in the case of a person who is under the age of 21 years and who is in charge of a regulated recreational vessel under
way, any concentration of alcohol present in the blood of that person; and
(b)	in the case of any other person, a concentration of alcohol present in the blood of that person of 0.05 grams per 100 millilitres of blood.'.

24.  Cancellation and disqualification not to apply to accompanying operator offence

In section 9 of the Marine (Amendment) Act
2000, in proposed section 28A of the Marine Act
1988, after sub-section (3) insert—
"(4) This section does not apply to a person who

is convicted or found guilty of an accompanying operator offence.".

Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001

s. 25 Act No. 23/2001

25. Consequential amendment to Marine (Amendment) Act 2000

In section 13 of the Marine (Amendment) Act 2000, in proposed section 61BA(1)(a) of the Marine Act 1988, for "more than the prescribed concentration of blood alcohol" substitute "the prescribed concentration of alcohol or more than the prescribed concentration of alcohol".

═══════════════
Road Safety (Alcohol and Drugs Enforcement Measures) Act
2001

Act No. 23/2001 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 5 April 2001

Legislative Council: 15 May 2001

The long title for the Bill for this Act was "to make miscellaneous
amendments to the Road Safety Act 1986, the Marine Act 1988 and
other Acts related to alcohol and drugs enforcement and for other

purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 5 April 2001

Legislative Council: 15 May 2001

Absolute majorities:

Legislative Assembly: 3 May 2001

Legislative Council: 22 May 2001