Traffic Amendment (Learner Driver Supervisors) Act 1996 (NSW)

New South Wales

Traffic Amendment (Learner Driver

Supervisors) Act 1996 No 75

Contents

Page

1	Name of Act	2
2	Commencement	2
3	Amendment of Traffic Act 1909 No 5	2

Schedules

1       Amendments relating to blood tests

2       Amendments relating to blood alcohol levels

3       Transitional amendment

New South Wales

Traffic Amendment (Learner Driver

Supervisors) Act 1996 No 75

Act No 75, 1996

An Act to amend the Traffic Act 1909 to extend certain requirements relating to drivers of motor vehicles to supervisors of learner drivers; and to make consequential provisions. [Assented to 22 October 1996]

Section 1 Traffic Amendment (Learner Driver Supervisors) Act 1996 No 75

The Legislature of New South Wales enacts:

1      Name of Act

This Act is the Traffic Amendment (Learner Driver Supervisors

Act 1996.

2      Commencement

This Act commences on a day or days to be appointed by proclamation.

3 Amendment of Traffic Act 1909 No 5

The Traffic Act 1909 is amended as set out in Schedules 1-3.

Traffic Amendment (Learner Driver Supervisors) Act 1996 No 75

Amendments relating to blood tests Schedule 1

Schedule 1 Amendments relating to blood te sts

(Section 3)

[1]        Section 2 Definitions

Omit “sections 4E and 5” from section 2 (4).

Insert instead “sections 4E, 4F and 5”.

[2]        Section 4F Blood sam ples to be taken in certain ca ses

Insert “or” at the end of section 4F (2) (a), (b) and (c).

[3 ] Section 4F (2) (f)

At the end of section 4F (2) (e), insert:

, or

(f) the holder of a driver's licence and occupying the seat in the motor vehicle next to a holder of a learner's licence who was driving a motor vehicle involved in the accident.

[4]        Section 4F (10)

Omit the subsection. Insert instead:

(10) A person who has had a sample of blood taken in accordance with this section because of an accident is not to be charged with an offence under section 5 (2) if it is alleged as a component of the offence that the person was under the influence of alcohol and the offence relates to the same accident.

Traffic Amendment (Learner Driver Supervisors) Act 1996 No 75

Schedule 2 Amendments relating to blood alcohol levels

Schedule 2

Amendments relating to blood alcohol

levels

(Section 3)

[1 ]        Section 4E Prescribed concentration of alcohol in person's blood

Insert after section 4E (1B):

(1C) For the purposes of this section, a person is a special category supervisor in respect of a motor vehicle if, were the person driving the motor vehicle, the person would be a special category driver in respect of the motor vehicle.

[2]        Section 4E (1D )

Omit the subsection. Insert instead:

(1D)

Any person who, while there is present in the person's blood the special range prescribed concentration of alcohol:

(a)	being a special category driver in respect of the motor vehicle, drives a motor vehicle, or
(b)	being a special category driver in respect of the motor vehicle, occupies the driving seat of a motor vehicle and attempts to put the motor vehicle in motion, or
(c)	being a special category supervisor in respect of the motor vehicle and the holder of a driver's licence, occupies the seat in a motor vehicle next to a holder of a learner's licence who is driving the vehicle,

is guilty of an offence under this Act and is liable:

(d) in the case of a first offence—to a penalty not

exceeding 5 penalty units, or

Traffic Amendment (Learner Driver Supervisors) Act 1996 No 75

Amendments relating to blood alcohol levels Schedule 2

(e) in the case of a second or subsequent offence—to a penalty not exceeding 10 penalty units.

[3 ]        Section 4E (1K) (a1)

Omit “subsection (1D) (a) or (b)”.

Insert instead “subsection (1D) (a), (b) or (c )” .

Traffic Amendment (Learner Driver Supervisors) Act 1996 No 75

Schedule 3 Transitional amendment

Schedule 3 Transitional amendment

(Section 3)

Schedule 1 , Part 3

Insert after Part 2:

Part 3

Provisions consequent on the enactment of

the Traffic Amendment (Learner Driver

Supervisors) Act 1996

8 Transitional provisions

In this clause, the amending Act means the Traffic

Amendment (Learner Driver Supervisors) Act 1996.

An amendment made by Schedule 1 to the amending Act does not apply in respect of an accident involving a motor vehicle that occurs before the amendment commences.

An amendment made by Schedule 2 to the amending Act does not apply in respect of a person accompanying the driver of a motor vehicle before the amendment commences.

References in this Act to section 4E (1 D) are taken to be references to that subsection as in force before or after its repeal and re-enactment by the amending Act.

[Member's second reading speech made in­

Legislative Assembly on 27 June 1996

Minister's second reading speech made in­

Legislative Council on 16 October 1996]