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Contents

Long Title

Part I REGISTRATION AND LICENSING OF VEHICLES

Part IA ROAD-USER CHARGES

Part II LICENSING OF DRIVERS

Part III LICENSING OF DRIVING INSTRUCTORS AND DRIVING SCHOOLS

Part IV GENERAL PROVISIONS RELATING TO ROAD TRAFFIC

Division 1 — Provisions as to driving and offences in connection therewith

Division 2 — Accidents

Division 3 — Miscellaneous

Part V PUBLIC SERVICE VEHICLES

Part VA LICENSING OF TAXI SERVICE OPERATORS

Part VB LICENSING OF BUS INTERCHANGE AND BUS DEPOT OPERATORS

Part VI PROVISIONS AS TO USE OF HIGHWAYS

Part VII MISCELLANEOUS PROVISIONS

FIRST SCHEDULE Specified Acts

SECOND SCHEDULE Classification and descriptions of public service vehicles

THIRD SCHEDULE Specified offences

Legislative History

Comparative Table

 
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On 03/09/2014, you requested the version in force on 03/09/2014 incorporating all amendments published on or before 03/09/2014. The closest version currently available is that of 10/03/2014.
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Being in charge of motor vehicle when under influence of drink or drugs
68.
—(1)  Any person who when in charge of a motor vehicle which is on a road or other public place but not driving the vehicle —
(a)
is unfit to drive in that he is under the influence of drink or of a drug or an intoxicating substance to such an extent as to be incapable of having proper control of a vehicle; or
(b)
has so much alcohol in his body that the proportion of it in his breath or blood exceeds the prescribed limit,
shall be guilty of an offence and shall be liable on conviction to a fine of not less than $500 and not more than $2,000 or to imprisonment for a term not exceeding 3 months and, in the case of a second or subsequent conviction, to a fine of not less than $1,000 and not more than $5,000 and to imprisonment for a term not exceeding 6 months.
[11/96]
(2)  For the purpose of subsection (1), a person shall be deemed not to have been in charge of a motor vehicle if he proves —
(a)
that at the material time the circumstances were such that there was no likelihood of his driving the vehicle so long as he remained so unfit to drive or so long as the proportion of alcohol in his breath or blood remained in excess of the prescribed limit; and
(b)
that between his becoming so unfit to drive and the material time, or between the time when the proportion of alcohol in his breath or blood first exceeded the prescribed limit and the material time, he had not driven the vehicle on a road or other public place.
[11/96]
(3)  On a second or subsequent conviction for an offence under this section, the offender shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified from holding or obtaining a driving licence for a period of 12 months from the date of his release from prison.
[7/90]
(4)  Where a person convicted of an offence under this section has been previously convicted of an offence under section 67, he shall be treated for the purpose of this section as having been previously convicted under this section.
[7/90]
(5)  Any police officer may arrest without warrant any person committing an offence under this section.
[7/90]