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Novice Range PCA in NSW - "ZERO ALCOHOL"
On 3rd May 2004 new provisions commenced in respect of drink driving which
required learner drivers and provisional drivers to have a zero alcohol blood
alcohol concentration (BAC). Such drivers were alluded to as "Novice Drivers"
owing to their lack of experience and it was decided that such should have no
alcohol in their blood.
Indeed, in the second reading speech in the Legislative Council on 16 March 2004, the Minster, Michael Costa stated "The purpose of this bill is to improve the safety of vulnerable young drivers by sending a clear message to the holders of learners and provisional licences that alcohol and driving simply do not mix."
In support of this Bill, he also stated - "There is now overwhelming evidence that a blood alcohol concentration [BAC] as low as 0.02 impairs driving skills for novice drivers."
The Bill was assented to on 24 March, 2004 and commenced on 3 May 2004 and incorporated into the Road Transport (Safety and Traffic Management) ACT 1999.
Section 9 (1A) states:
If a person is the holder of a learner licence, or of a provisional licence issued under the Road Transport (Driver Licensing) Act 1998 , in respect of a motor vehicle, the person must not, while there is present in his or her blood the novice range prescribed concentration of alcohol:
The act also provides a "Defence" to this charge as follows:
It is a defence to a prosecution for an offence under section 9 (1A) if the defendant proves that, at the time the defendant did the act referred to in section 9 (1A) (a) or (b), the presence in the defendant's blood of the novice range prescribed concentration of alcohol was not caused (in whole or in part) by any of the following:
For further information on these offences contact us at Proctor & Associates - Accredited Specialists in Criminal Law.
Indeed, in the second reading speech in the Legislative Council on 16 March 2004, the Minster, Michael Costa stated "The purpose of this bill is to improve the safety of vulnerable young drivers by sending a clear message to the holders of learners and provisional licences that alcohol and driving simply do not mix."
In support of this Bill, he also stated - "There is now overwhelming evidence that a blood alcohol concentration [BAC] as low as 0.02 impairs driving skills for novice drivers."
The Bill was assented to on 24 March, 2004 and commenced on 3 May 2004 and incorporated into the Road Transport (Safety and Traffic Management) ACT 1999.
Section 9 (1A) states:
If a person is the holder of a learner licence, or of a provisional licence issued under the Road Transport (Driver Licensing) Act 1998 , in respect of a motor vehicle, the person must not, while there is present in his or her blood the novice range prescribed concentration of alcohol:
- (a) drive the motor vehicle, or
- (b) occupy the driving seat of the motor vehicle and attempt to put the motor vehicle in motion.
The act also provides a "Defence" to this charge as follows:
It is a defence to a prosecution for an offence under section 9 (1A) if the defendant proves that, at the time the defendant did the act referred to in section 9 (1A) (a) or (b), the presence in the defendant's blood of the novice range prescribed concentration of alcohol was not caused (in whole or in part) by any of the following:
- (a) the consumption of an alcoholic beverage (otherwise than for the purposes of religious observance),
- (b) the consumption or use of any other substance (for example, food or medicine) for the purpose of consuming alcohol.
For further information on these offences contact us at Proctor & Associates - Accredited Specialists in Criminal Law.
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