Drink Driving Lawyer – Special Range PCA in NSW – “0.02”

The Special Range PCA as defined in Section 108 of the Road Transport Act 2013 is as follows:

“special range prescribed concentration of alcohol” means a concentration of 0.02 grams or more, but less than 0.05 grams, of alcohol in 210 litres of breath or 100 millilitres of blood.

This range of prescribed concentration of alcohol is applicable to those drivers who come within the definition of “special category driver”. Such drivers are once again, those who are defined as such in Section 8 of the RTSTM Act which includes the following:

  • (a) Learner drivers;
  • (b) Provisional drivers – i.e. “P” plate drivers;
  • (c) Those whose licence is either suspended or cancelled;
  • (d) Disqualified drivers;
  • (e) Drivers who have been refused a driving licence;
  • (f) Drivers who have never held a driving licence in NSW although having had a licence or permit to drive outside NSW;
  • (g) Drivers of a motor vehicle that is being driven for hire or reward, or in the course of any trade or business, as a public passenger vehicle within the meaning of the Passenger Transport Act 1990 ;
  • (h) Drivers of a motor vehicle that is a coach or heavy motor vehicle, or
  • (i) Drivers of vehicles carrying dangerous goods or radioactive substances and required to exhibit a sign as required under relevant legislation.

The Legislation creates an offence for a person to drive such vehicle with the special range prescribed concentration of alcohol and s.110(2) of the Road Transport Act 2013 states:

  • A person must not, while there is present in his or her blood the special range prescribed concentration of alcohol:
  • (a) if the person is a special category driver in respect of a motor vehicle-drive the motor vehicle, or
  • (b) if the person is a special category driver in respect of a motor vehicle-occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
  • (c) if the person is a special category supervisor in respect of a motor vehicle and the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)-occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.

The definition of a Special Category Supervisor pursuant to s.107 of the Road Transport Act 2013 states – For the purposes of this Part, 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.

For further information on these offences by expert drink driving Lawyers, please contact us by phone on 02 9687 3777 or email info@proctorlaw.com.au.

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