Untitled document

Road Safety (Drivers) (Alcohol and Other Drugs) Regulations 2004

S.R. No. 158/2004

TABLE OF PROVISIONS

Regulation  Page

1.     Objective

2.     Authorising provision

3.     Commencement

4.     Principal Regulations

5.     Licence or permit conditions

6.Demerit points for drug-driving offences

7.Revocation of drug-driving provisions

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 158/2004

Road Safety Act 1986

Road Safety (Drivers) (Alcohol and Other Drugs) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 7 December 2004

Responsible Minister:

PETER BATCHELOR
Minister for Transport

DIANE CASEY

Clerk of the Executive Council

1.  Objective

The objective of these Regulations is to amend the Road Safety (Drivers) Regulations 1999 to—

(a)include reference to the concentration of alcohol in a breath sample; and

(b)prescribe the number of demerit points applicable to drug-driving offences under the Road Safety Act 1986.

2.  Authorising provision

These Regulations are made under section 95 of the Road Safety Act 1986.

3.  Commencement

(1)These Regulations, except regulation 7, come into operation on the day they are made.

(2)Regulation 7 comes into operation on the day that section 23 of the Road Safety (Drug Driving) Act 2003 comes into operation.

4.  Principal Regulations

In these Regulations, the Road Safety (Drivers) Regulations 1999[1], are called the Principal Regulations.

5.  Licence or permit conditions

In regulation 207 of the Principal Regulations, in Table 207—

(a)for the licence or permit condition shown in Column 2, opposite condition code I substitute—

"That the driver must only drive a motor vehicle fitted with an alcohol interlock.";

(b)for the licence or permit condition shown in Column 2, opposite condition code Z, substitute—

"That—

(a)the driver not drive a motor vehicle if there is any concentration of alcohol present in the blood or breath of the driver; and

(b)the driver licence document of the driver be in his or her possession at all times while he or she is driving or in charge of a motor vehicle.".

6.Demerit points for drug-driving offences

In regulation 301 of the Principal Regulations, after the second item in Table 301, insert—

"An offence under section 49(1)(bb), (h) or (i) of the RSA and the person's driver licence or permit has not been cancelled for the offence	RSA 49	3
A drug-driving infringement	RSA 3, 49	3".

7.Revocation of drug-driving provisions

In regulation 301 of the Principal Regulations, omit the third and fourth items in Table 301.

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ENDNOTES

[1] Reg. 4: S.R. No. 26/1999.  Reprint No. 2 as at 15 December 2002.  Reprinted to S.R. No. 115/2002.  Further amended by S.R. Nos 45/2003, 136/2003, 48/2004, 50/2004, 55/2004, 85/2004 and 88/2004.