Western Australia: Road Traffic Act 1974 (WA)

Western Australia Road Traffic Act 1974 Western Australia Road Traffic Act 1974 Contents Part I — Preliminary 1. Short title 1 2. Commencement 1 4. Repeal 1 5. Terms used 1 Part V — Regulation of traffic Division 1AA — Terms used in this Part 49AAA. Terms used 1 Division 1A — When person taken to be instructor or in charge of vehicle 49AA. Circumstances in which person taken to be instructor or in charge of motor vehicle 1 Division 1 — Driving of vehicles: general offences 49AB. Term used: circumstances of aggravation 1 49. Driving while unlicensed or disqualified 1 49A. Person breaching s. 49(1)(a) having lost licence etc. due to penalty enforcement laws, police may caution etc. 1 50A. Driver using foreign country's driver's licence etc. to carry it etc. 1 54. Driver in incident occasioning bodily harm to stop, ensure assistance and give information 1 55. Driver in incident occasioning property damage to stop and give information 1 56. Driver in incident occasioning bodily harm or property damage to report incident to police 1 57. Owner etc. of vehicle occasioning bodily harm etc. to help police identify driver etc. 1 59. Dangerous driving causing death or grievous bodily harm 1 59A. Dangerous driving causing bodily harm 1 59BA. Careless driving causing death, grievous bodily harm or bodily harm 1 59B. Ancillary matters and defences for sections 59, 59A and 59BA 1 60. Driving in reckless manner 1 60A. Driving at reckless speed 1 60B. Penalties for offences against sections 60 and 60A 1 60C. Arrest without warrant for driving in reckless manner or at reckless speed 1 61. Dangerous driving 1 61A. Defence for police officers driving in reckless manner in certain circumstances 1 61B. Defence for certain officers driving at reckless speed 1 62. Careless driving 1 62A. Causing excessive noise or smoke from vehicle's tyres 1 Division 2A — Providing driving instruction to learner drivers: alcohol and drug related offences 62B. Providing driving instruction: blood alcohol content 1 62C. Providing driving instruction with prescribed illicit drug in oral fluid or blood 1 Division 2 — Driving of vehicles: alcohol and drug related offences 63. Driving under the influence of alcohol, drugs or alcohol and drugs 1 64. Driving with blood alcohol content of or above 0.08 1 64AA. Driving with blood alcohol content of or above 0.05 1 64A. Certain persons driving with blood alcohol content of or above 0.02 1 64AAA. Certain persons driving with any blood alcohol content 1 64AB. Driving while impaired by drugs 1 64AC. Driving with prescribed illicit drug in oral fluid or blood 1 64B. Driving with blood alcohol content of or above 0.05 with prescribed illicit drug in oral fluid or blood 1 64C. Certain persons driving with any blood alcohol content with prescribed illicit drug in oral fluid or blood 1 64D. Provisions for s. 64AC, 64B and 64C 1 65. Terms used in s. 59 to 73 1 65A. Using breath sample to find blood alcohol content 1 66. Police powers to require breath or blood sample 1 66A. Drug impairment, police powers to require driver assessment for etc. 1 66B. Police powers to require blood sample for drug analysis 1 66C. Preliminary oral fluid test, police powers to require etc. 1 66D. Oral fluid sample, police powers to require etc. 1 66E. Blood sample instead of oral fluid sample, police powers to require etc. 1 66F. Prescribed sample takers authorised to take blood samples 1 67. Failure to comply with s. 66 requirement to provide sample, allow sample to be taken or to accompany police officer 1 67AA. Failure to comply with s. 66A or 66B requirement to do driver assessment, provide blood sample or accompany police officer 1 67AB. Failure to comply with s. 66D or 66E requirement to provide oral fluid, blood sample or accompany police officer 1 67AC. Failure to comply with drug test requirement for certain persons with any blood alcohol content 1 67AD. Failure to comply with drug test requirement for persons with blood alcohol content of or above 0.05 1 67AE. Provisions for s. 67AC and 67AD 1 67A. Failure to comply with other requirements of police officer 1 68A. Failure to comply with s. 66, 66C, 66D or 66E requirement: instructors 1 68. Analysis of breath sample 1 69. Taking and analysis of blood sample 1 69B. Taking of oral fluid sample 1 70A. Delivery of person's blood or oral fluid sample to Chemistry Centre (WA) 1 70B. Evidence of delivery of blood or oral fluid samples 1 70. Evidentiary provisions 1 71. Evidence of blood alcohol content for particular offences 1 71A. Samples not to be used to obtain DNA 1 71B. Police powers for preventing use of vehicle by alleged offender 1 71BA. Police officer may prohibit person from driving for 24 hours if prescribed illicit drug present in oral fluid 1 71C. Disqualification by police officer 1 71D. Disqualification notice (s. 71C), consequences of 1 71E. Revocation of disqualification notice by police officer 1 71F. Disqualification notice (s. 71C), court may order police to revoke 1 71G. Disqualification notice (s. 71C) automatically revoked on acquittal etc. 1 71H. Period of disqualification under s. 71C notice to be taken into account in sentencing 1 72. Taking and testing samples: regulations for s. 59 to 73, and approval of apparatus and persons 1 Division 3 — General matters as to driving offences 73. Certain offences extend to driving or attempting to drive in public places 1 Division 4 — Impounding and confiscation of vehicles for certain offences Subdivision 1 — Preliminary 78A. Terms used 1 78B. Penalties etc. not affected by impounding etc. 1 78C. Police powers for this Division 1 78D. Contracts for conveying, storing etc. impounded etc. vehicles 1 78E. Expenses owed to Commissioner, recovery of 1 78F. Right of Commissioner of Police to be heard in proceedings under this Division 1 Subdivision 2 — Impounding of vehicles by police for certain offences 79. Impounding offence (driving), police powers to impound vehicle used in 1 79A. Impounding offence (driver's licence), police powers to impound vehicle used in 1 79BA. Notice to surrender vehicle for impoundment, issue of etc. 1 79BB. Consequences of surrender notice 1 79BCA. Surrender substitute vehicle notice 1 79BCB. Consequences of surrender substitute vehicle notice 1 79BCC. Cancelling notice under s. 79BA, 79BCA or 79BCD 1 79BCD. Surrender alternative vehicle notice 1 79BCE. Consequences of surrender alternative vehicle notice 1 79BC. Acquittal etc. of pending charge of impounding offence (driving), effect of 1 79BD. Suspension of vehicle licence on Commissioner's request 1 79B. Notice of impounding, police to issue etc. 1 79C. Senior officer to be informed etc. if vehicle impounded 1 79D. Release of impounded vehicle 1 79E. Liability for police expenses for impounding 1 Subdivision 3 — Impounding and confiscation of vehicles by court order 80A. Confiscation of vehicles used in certain impounding offences (driving) 1 80B. Impounding offence (driver's licence) by previous offender, court may impound vehicle of 1 80C. Impounding offence (driver's licence) by previous offender, court may confiscate vehicle of 1 80CA. Road rage offence, court may impound offender's vehicle for 1 80CB. Road rage offence, court may confiscate offender's vehicle for 1 80D. Effect of confiscation under s. 80A, 80C or 80CB 1 80E. Confiscation under s. 80A not to be of stolen, hired or lent vehicle 1 80FA. When court may order impounding instead of confiscation 1 80F. Impounding or confiscation order to specify time and place for surrender of vehicle 1 80GA. Application for s. 80B to 80CB order, which vehicle can be subject of 1 80G. Procedure and grounds for making orders under s. 80A to 80CB 1 80H. Liability for police expenses for court‑ordered impounding 1 Subdivision 4 — Vehicles impounded or confiscated under Subdivision 2 or 3 80IA. Release of vehicle after impounding period 1 80IB. Impounding expenses, payment of before vehicle released 1 80I. Storage expenses after impounding period ends 1 80JA. Disposal, with consent, of vehicles impounded under s. 79 or 79A 1 80J. Sale of confiscated and uncollected vehicles and items 1 80K. Police expenses more than sale proceeds, liability for 1 80LA. Liability for police expenses for uncollected vehicle more than sale proceeds 1 80L. Transfer of vehicle licence to State in some cases 1 80M. Compensation for certain vehicles or items disposed of under s. 80J 1 Subdivision 5 — Impounding and confiscation of unlicensed motor cycles used on roads 80N. Terms used 1 80O. Police power to impound unlicensed motor cycle used on road 1 80P. Surrender notice 1 80Q. Consequences of surrender notice 1 80R. Senior police officer to be informed if vehicle impounded 1 80S. Claims of right to possession 1 80T. Confiscation 1 80U. Liability for police expenses 1 80V. Sale or other disposal of confiscated motor cycle and items on it 1 80W. Liability for police expenses exceeding sale proceeds 1 Part VA — Events on roads 81A. Terms used 1 81B. Order for road closure for event, application for 1 81C. Order for road closure for event, making 1 81D. Road closure, how effected by local government 1 81E. Road closure order, effect of 1 81F. Offences 1 Part 5B — Radar detectors 81G. Offence to drive motor vehicle with radar detector fitted to, within or on vehicle 1 Part 6 — Unlawful interference with motor vehicles 90. Unlawfully interfering with parts of motor vehicles 1 Part 6A — Immobilisation, towing and detention of motor vehicles Division 1 — Preliminary 91. Terms used 1 92. Term used: consent 1 93. Term used: authorised enforcement action 1 94. Term used: towing arrangement 1 Division 2 — Immobilisation of motor vehicles 95. Motor vehicles not to be immobilised 1 Division 3 — Towing of motor vehicles Subdivision 1 — Towing regulated by this Division 96. Application of Division 1 Subdivision 2 — Towing 97. Towing parked motor vehicles prohibited unless requirements satisfied 1 98. Regulations relating to towing requirements 1 99. Release of motor vehicle that is being loaded onto tow truck 1 100. Release of motor vehicle that has been loaded onto tow truck 1 101. Motor vehicle must be towed by most direct route to approved storage yard 1 102. Copy of towing arrangement must be given 1 103. Release from storage 1 104. Approval of storage yards 1 Subdivision 3 — Charges for towing and storage 105. Towing charges 1 105A. Storage charges 1 105B. Regulations may prohibit or restrict towing and storage charges 1 105C. Liability for towing and storage charges 1 Division 4 — Detention of motor vehicles 105D. Application of Division 1 105E. Motor vehicles not to be detained 1 Division 5 — Miscellaneous 105F. Abolition of distress damage feasant in relation to motor vehicles 1 105G. Part does not confer right to immobilise, tow or detain motor vehicle 1 105H. Agreements for prohibited immobilisation, towing and detention services 1 Part VII — Offences and penalties 106. Sentencing for certain offences 1 106A. Mandatory disqualification 1 Part VIII — Transitional and savings provisions 108. Savings as to Traffic Act 1919 1 109. Transitional and savings provisions for the Road Traffic Amendment (Impounding and Confiscation of Vehicles) Act 2016 1 110. Savings provisions for the Road Traffic Amendment (Blood Alcohol Content) Act 2019 1 110A. Transitional provision for the Road Traffic Amendment (Impaired Driving and Penalties) Act 2020 1 Part IX — Regulations 111. Regulations etc. 1 111AB. Exemption from specified regulations, regulations may allow grant of 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Road Traffic Act 1974 An Act to make provision in relation to the driving and use of vehicles, the regulation of traffic and for incidental and other purposes. [Long title amended: No. 8 of 2012 s. 5.] Part I — Preliminary 1. Short title This Act may be cited as the Road Traffic Act 1974. 2. Commencement (1) Subject to subsection (2) the provisions of this Act shall come into operation on such date or such dates as is or are, respectively, fixed by proclamation. (2) Section 4 shall come into operation on the day on which this Act receives the Royal Assent. [3. Deleted: No. 82 of 1982 s. 4.] 4. Repeal The provisions of the Traffic Act 1919 shall be repealed on such date or such dates as is or are, respectively, fixed by proclamation. 5. Terms used The Road Traffic (Administration) Act 2008 Part 1 Division 2 provides for the meanings of some terms and abbreviations in this Act. [Section 5 inserted: No. 8 of 2012 s. 6.] [5A. Deleted: No. 8 of 2012 s. 7.] [Part II (s. 6-15A) deleted: No. 8 of 2012 s. 8.] [Part IIA deleted: No. 5 of 2002 s. 15.] [Part III: s. 15, 17-20, 22, 23A-29 deleted: No. 8 of 2012 s. 8; s. 16 deleted: No. 28 of 2001 s. 7; s. 21 deleted: No. 21 of 1995 s. 7; s. 23 deleted: No. 39 of 2000 s. 11.] [Part IV: s. 30-37 and 39-41 deleted: No. 8 of 2012 s. 8; s. 38 deleted: No. 39 of 2009 s. 6.] [Part IVA: s. 41A-44D, 47, 48 and 48A deleted: No. 8 of 2012 s. 8; s. 45, 46 deleted: No. 18 of 2011 s. 11; s. 48B‑48F deleted: No. 54 of 2006 s. 6.] Part V — Regulation of traffic [Heading inserted: No. 76 of 1996 s. 11.] Division 1AA — Terms used in this Part [Heading inserted: No. 25 of 2016 s. 42.] 49AAA. Terms used In this Part — above the speed limit, in relation to the driving of a vehicle, means driving the vehicle at a speed that exceeds the speed limit applicable to the driver, the vehicle or the length of road where it is being driven; confiscation zone means — (a) in relation to a vehicle, a length of road where the speed limit applicable to the vehicle, or the length of road, is 50 km/h or less; or (b) a school zone; grievous bodily harm has the meaning given in The Criminal Code section 1(1); instructor means a person who may give driving instruction under the Road Traffic (Authorisation to Drive) Act 2008 section 10(2); learner driver means — (a) the holder of a learner's permit; or (b) a person authorised to drive under the Road Traffic (Authorisation to Drive) Act 2008 section 6; motor cycle means a motor vehicle that has 2 wheels and includes — (a) a 2-wheeled motor vehicle with a sidecar attached to it that is supported by a third wheel; and (b) a motor vehicle with 3 wheels that is ridden in the same way as a motor vehicle with 2 wheels; provide driving instruction means to provide or attempt to provide driving instruction to a learner driver who is driving a motor vehicle; school zone means a length of road designated as a school zone under a road law; speed limit means a speed limit set under a road law. [Section 49AAA inserted: No. 25 of 2016 s. 42; amended: No. 51 of 2016 s. 4.] Division 1A — When person taken to be instructor or in charge of vehicle [Heading inserted: No. 25 of 2016 s. 42.] 49AA. Circumstances in which person taken to be instructor or in charge of motor vehicle (1) For the purposes of this Part, unless the contrary is shown, a person is to be taken to be an instructor providing driving instruction to a learner driver if the person is — (a) seated beside the learner driver in a motor vehicle driven by the learner driver; or (b) if there is no seat directly beside the learner driver — (i) seated in the seat nearest the learner driver that faces forward in a motor vehicle driven by the learner driver; or (ii) standing near the learner driver in a motor vehicle driven by the learner driver; or (c) riding in a side car attached, or on a pillion seat fitted, to a motor cycle driven by the learner driver. (2) Without limiting the circumstances in which a person is in charge of a motor vehicle, an instructor providing driving instruction to a learner driver is, for the purposes of this Part (other than sections 49AB and 66A), to be taken to be in charge of the motor vehicle driven by the learner driver. (3) Subsection (2) does not affect any liability of a learner driver for any offence committed by that person while driving or being in charge of a vehicle. [Section 49AA inserted: No. 25 of 2016 s. 42.] Division 1 — Driving of vehicles: general offences [Heading inserted: No. 10 of 2004 s. 6.] 49AB. Term used: circumstances of aggravation (1AA) In this section — prescribed authorisation — (a) means — (i) a learner's permit; or (ii) an Australian driver licence; or (iii) a licence or authorisation granted under the law of an external licensing authority as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); and (b) includes an extraordinary licence as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1). (1A) In this section an instructor providing driving instruction to a learner driver is not to be taken, under section 49AA, to be in charge of the motor vehicle driven by the learner driver. (1) For the purposes of this Division, a person commits an offence in circumstances of aggravation if at the time of the alleged offence — (a) the person was unlawfully driving the vehicle concerned without the consent of the owner or person in charge of the vehicle; or (aa) the person has never held a prescribed authorisation; or (ab) the person has held a prescribed authorisation but is a person described in section 49(3)(a), (b), (ca), (c) or (da); or (ac) the person holds a prescribed authorisation but the prescribed authorisation does not authorise the person to drive a vehicle of the kind concerned; or (ad) the person commits an offence under the Road Traffic (Authorisation to Drive) Act 2008 section 38(1); or (b) the person was driving the vehicle concerned on a road at 30 km/h or more above the speed limit; or (c) the person was driving the vehicle concerned to escape pursuit by a police officer. (2A) Subsection (1)(ac) does not apply to a person who is a member of a class of persons prescribed for the purposes of the subsection by regulations made under the Road Traffic (Authorisation to Drive) Act 2008 section 4(7). (2) For the purposes of subsection (1)(c) it does not matter whether the pursuit was proceeding, or had been suspended or terminated, at the time of the alleged offence. [Section 49AB inserted: No. 59 of 2012 s. 4; amended: No. 59 of 2012 s. 12; No. 25 of 2016 s. 43; No. 51 of 2016 s. 6; No. 19 of 2018 s. 4.] 49. Driving while unlicensed or disqualified (1) A person who — (a) drives a motor vehicle on a road while not authorised under the Road Traffic (Authorisation to Drive) Act 2008 Part 2 to do so; or (b) employs or permits another person to drive a motor vehicle as described in paragraph (a), commits an offence. Penalty for this subsection: (a) unless subsection (3) applies — (i) for a first offence, 6 PU; (ii) for a subsequent offence, 12 PU; (b) if subsection (3)(d), but no other paragraph of subsection (3), applies — (i) a fine of not less than 4 PU or more than 30 PU; and (ii) imprisonment for not more than 12 months, and the court may order that the offender be disqualified from holding or obtaining a driver's licence for a period of not more than 3 years; (c) if subsection (3)(a), (b), (ca), (c) or (da) applies — (i) for a first offence, a fine of not less than 8 PU or more than 40 PU, and imprisonment for not more than 12 months; (ii) for a subsequent offence, a fine of not less than 20 PU or more than 80 PU, and imprisonment for not more than 18 months, and the court shall order that the offender be disqualified from holding or obtaining a driver's licence for a period of not less than 9 months and not more than 3 years. (2) It is a defence to a charge of an offence under subsection (1) to prove that the motor vehicle was driven in accordance with — (a) regulations referred to in the Road Traffic (Authorisation to Drive) Act 2008 section 11(1); or (b) a necessity permit under section 49A. (3) If an offence under subsection (1)(a) is committed by a person — (a) who has applied for, but has been refused, an Australian driver licence of a kind required; or (b) who, at the time of the commission of the offence, is disqualified from holding or obtaining an Australian driver licence of a kind required, other than for the reason described in paragraph (d), whether or not the person has ever held an Australian driver licence of the kind required; or (ca) who has held an Australian driver licence of a kind required but ceased to hold the licence of that kind most recently held other than — (i) because the person had, before the time of the commission of the offence, voluntarily surrendered the licence most recently held; or (ii) because the licence expired; or (iii) for the reason described in paragraph (d); or (c) whose authority to drive, whether under an Australian driver licence or otherwise, is for the time being suspended other than for the reason described in paragraph (d); or (da) who is a member of a class of persons prescribed for the purposes of this paragraph by regulations made for the purposes of the Road Traffic (Authorisation to Drive) Act 2008 section 5A; or (d) who is no longer authorised to drive because of penalty enforcement laws, as described in subsection (9), a police officer may, without a warrant, arrest the person. (4) A person who would only come within a description in subsection (3)(a), (b), (ca) or (c) because of a decision for the review of which an application had been made is excluded from that description if the application had been made, but not determined, when the offence under subsection (1)(a) was committed. (5) If a person to whom the CEO has been ordered under the Road Traffic (Authorisation to Drive) Act 2008 section 30(1) to grant an extraordinary licence commits an offence under subsection (1)(a) — (a) before the extraordinary licence is granted; or (b) when the extraordinary licence has expired and has not been renewed, neither the order nor any extraordinary licence granted affects subsection (3). (6) An offence under subsection (1) is a subsequent offence if the offender has previously been convicted of any offence under that subsection as in force at any time, except that, if subsection (3)(a), (b), (ca) or (c) applies to an offence under subsection (1)(a), the offence is a subsequent offence only if the person has previously been convicted of a relevant offence. (7) In subsection (6) — relevant offence means — (a) an offence under subsection (1)(a) as in force after the commencement of section 7 of the Road Traffic Amendment Act 2006 being an offence to which subsection (3)(a), (b), (ca) or (c) applied; or (b) an offence under subsection (1)(a) as in force at a time before the commencement of section 7 of the Road Traffic Amendment Act 2006 being an offence that would have been taken into account in determining whether another offence committed before that commencement, in circumstances mentioned in section 49(2)(a)(ii) or (iii) or (2)(b) as then in force, would have been a first or subsequent offence. (8) A period of disqualification ordered under subsection (1) is cumulative upon — (a) any other period of disqualification to which the person may then be subject; or (b) any period for which the operation of a driver's licence held by the person may currently be suspended. (9) When subsection (3)(d) refers to a person who is no longer authorised to drive because of penalty enforcement laws, it means that the person — (a) has been disqualified from holding or obtaining a driver's licence under section 19 or 43 of the Fines, Penalties and Infringement Notices Enforcement Act 1994; or (b) is the subject of any disqualification or suspension under a law of another jurisdiction that is prescribed to be a corresponding law for the purposes of this subsection. [Section 49 inserted: No. 54 of 2006 s. 7; amended: No. 8 of 2012 s. 10 and 37; No. 2 of 2015 s. 11; No. 25 of 2016 s. 62.] 49A. Person breaching s. 49(1)(a) having lost licence etc. due to penalty enforcement laws, police may caution etc. (1) This section applies if a police officer finds a person (the driver) committing an offence under section 49(1)(a) in the circumstances referred to in section 49(3)(d). (2) If this section applies and the police officer suspects on reasonable grounds that, at the time of committing the offence, the driver — (a) did not know of the circumstances referred to in section 49(3)(d); and (b) had not been cautioned previously under this section since those circumstances came about, the police officer may decline to charge the driver with an offence under section 49(1)(a) and may instead issue a caution to the driver. (3) The caution must be in a prescribed form. (4) If this section applies and it appears to the police officer that it would be impracticable, or may jeopardise the safety of any person, for the driver to immediately cease driving — (a) if the police officer issues a caution, the caution must include a necessity permit; and (b) in any other case, the police officer may grant the driver a necessity permit. (5) In subsection (4) — necessity permit means a permit for the driver to drive by the shortest practicable route to a place specified in the permit. [Section 49A inserted: No. 54 of 2006 s. 8.] [Section 49A. Modifications to be applied in order to give effect to Cross‑border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] [50. Deleted: No. 25 of 2016 s. 4.] 50A. Driver using foreign country's driver's licence etc. to carry it etc. (1) A person whose authority to drive depends on a licence or authorisation granted under the law of an external licensing authority (as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1)) is required — (a) while driving a motor vehicle on a road, to carry — (i) the official document that is evidence of that licence or authorisation; and (ii) if the official document is not in the English language, a translation of it into the English language verified by a person or body approved by the CEO; and (b) to produce that document for inspection at the request of any police officer. (2) If the person fails to comply with any condition to which the licence or authorisation is subject that can lawfully be complied with in this State, the person commits an offence. Penalty: (a) for a first offence, 8 PU; (b) for a subsequent offence, 16 PU. [Section 50A inserted: No. 54 of 2006 s. 10; amended: No. 8 of 2012 s. 11A (as amended: No. 10 of 2015 s. 14), 36 and 37.] [51. Deleted: No. 8 of 2012 s. 11.] [52. Deleted: No. 76 of 1996 s. 14.] [53. Deleted: No. 8 of 2012 s. 11.] 54. Driver in incident occasioning bodily harm to stop, ensure assistance and give information (1) If a vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to another person, the driver must stop immediately after the occurrence of the incident and for as long as is necessary to comply with subsections (2) and (6). (2) If a vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to another person (a victim), the driver must ensure that each victim receives all the assistance, including medical aid, that is necessary and practicable in the circumstances. (3) A person who contravenes subsection (1) or (2) commits a crime. Penalty for this subsection: imprisonment for — (a) 20 years, if the incident occasioned death and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver's licence for a period of not less than 2 years; (b) 14 years, if the incident occasioned grievous bodily harm but not death and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver's licence for a period of not less than 2 years; (c) 10 years, in any other case and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver's licence for a period of not less than 12 months. Summary conviction penalty in a case to which paragraph (c) applies: imprisonment for 3 years and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver's licence for a period of not less than 12 months. [(4) deleted] (5) It is a defence to a charge of an offence under subsection (3) for the accused to prove that the accused was not aware of the occurrence of the incident. (6) If a vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to another person (a victim), the driver must, if required to do so by a victim, a representative of a victim, or a police officer, give the driver's name and address and, if known to the driver, the name and address of a responsible person for the vehicle. Penalty for this subsection: a fine of 30 PU. (7) It is a defence to a charge of an offence under subsection (3) or (6) for the accused to prove that the accused could not comply with a requirement in the relevant provision because of an injury suffered by the accused in the incident. [Section 54 inserted: No. 39 of 2007 s. 20; amended: No. 8 of 2012 s. 37; No. 25 of 2016 s. 5.] 55. Driver in incident occasioning property damage to stop and give information (1) If a vehicle driven by a person (the driver) is involved in an incident in which any property is damaged, the driver must stop immediately after the occurrence of the incident and for as long as is necessary to comply with subsection (4). Penalty: a fine of 30 PU. (2) If in the opinion of the court an offence under subsection (1) is of a sufficiently serious nature the court may make an order disqualifying the offender from holding or obtaining a driver's licence for such period as it thinks fit. (3) It is a defence to a charge of an offence under subsection (1) for the accused to prove that the accused was not aware of the occurrence of the incident. (4) If a vehicle driven by a person (the driver) is involved in an incident in which any property is damaged, the driver must, if required to do so by a person whose property was damaged in the incident or a representative of that person or a police officer, give the driver's name and address and, if known to the driver, the name and address of a responsible person for the vehicle. Penalty: a fine of 30 PU. (5) It is a defence to a charge of an offence under subsection (1) or (4) for the accused to prove that the accused could not comply with a requirement in that subsection because of an injury suffered by the accused in the incident. [Section 55 inserted: No. 39 of 2007 s. 20; amended: No. 8 of 2012 s. 37.] 56. Driver in incident occasioning bodily harm or property damage to report incident to police (1) If a vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to the driver or another person, the driver must report the incident forthwith to — (a) the officer in charge of a police station; or (b) the Commissioner of Police in a manner approved by the Commissioner. (2) If a person contravenes subsection (1) and the incident occasioned death or grievous bodily harm, the person commits a crime. Penalty: imprisonment for 10 years and in any event the court convicting the person must order that the offender is disqualified from holding or obtaining a driver's licence for a period of not less than 12 months. Summary conviction penalty: imprisonment for 12 months and in any event the court convicting the person must order that the offender is disqualified from holding or obtaining a driver's licence for a period of not less than 12 months. (3) If a person contravenes subsection (1) and the incident did not occasion death or grievous bodily harm, the person commits an offence. Penalty: imprisonment for 12 months and in any event the court convicting the person must order that the offender is disqualified from holding or obtaining a driver's licence for a period of not less than 12 months. (4) If a vehicle driven by a person (the driver) is involved in an incident in which any property is damaged the driver must report the incident forthwith to — (a) the officer in charge of a police station; or (b) the Commissioner of Police in a manner approved by the Commissioner. Penalty: (a) for a first offence, a fine of 8 PU; (b) for a subsequent offence, a fine of 16 PU. (5) It is a defence to a charge of an offence under subsection (2), (3) or (4) for the accused to prove that — (a) the accused could not comply with a requirement in the relevant provision because of an injury suffered by the accused in the incident; or (b) a police officer attended at the scene of the incident and took the necessary particulars of the incident. (6) It is a defence to a charge of an offence under subsection (4) for the accused to prove — (a) that the accused had reasonable cause for believing that the total value of the damage did not exceed the amount prescribed for the purposes of this subsection; and (b) that the owner, in each case, of any property damaged was present or represented at the place where and at the time when, or immediately after, the incident occurred. [Section 56 inserted: No. 39 of 2007 s. 20; amended: No. 8 of 2012 s. 37; No. 25 of 2016 s. 6.] [Section 56. Modifications to be applied in order to give effect to Cross‑border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.] 57. Owner etc. of vehicle occasioning bodily harm etc. to help police identify driver etc. (1) Where the use of a motor vehicle has occasioned, or been an immediate or proximate cause of, the death of a person or bodily harm to a person, a responsible person for the vehicle and any person to whom the possession or control of the vehicle was entrusted shall, if required by a police officer, give any information which it is in his power to give which may lead to the identification of the person who was driving or who was in charge or control of the vehicle at the time when the use of the vehicle occasioned or was an immediate or proximate cause of the death or bodily harm. (2) A person who is required under subsection (1) by a police officer to give information must not in response to the request give false information. Penalty: applicable to subsections (1) and (2), a fine of 60 PU or imprisonment for 12 months. [Section 57 amended: No. 105 of 1981 s. 19; No. 11 of 1988 s. 24; No. 50 of 1997 s. 13; No. 39 of 2000 s. 31; No. 39 of 2007 s. 21; No. 8 of 2012 s. 37.] [58, 58A. Deleted: No. 8 of 2012 s. 12.] 59. Dangerous driving causing death or grievous bodily harm (1) If a motor vehicle driven by a person (the driver) is involved in an incident occasioning the death of, or grievous bodily harm to, another person and the driver was, at the time of the incident, driving the motor vehicle — (a) while under the influence of alcohol to such an extent as to be incapable of having proper control of the vehicle; or (ba) while under the influence of drugs to such an extent as to be incapable of having proper control of the vehicle; or (bb) while under the influence of alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle; or (b) in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person, the driver commits a crime and is liable to the penalty in subsection (3). Summary conviction penalty in a case in which the incident does not occasion the death of another person: imprisonment for 3 years or a fine of 720 PU and in any event the court convicting the person shall order that he be disqualified from holding or obtaining a driver's licence for a period of not less than 2 years. (2A) For an offence against this section that was committed before the day on which the Manslaughter Legislation Amendment Act 2011 section 6(1) came into operation amending subsection (1), subsection (1) applies as if that amendment had not been made. (2) For the purposes of this section — [(a) deleted] (b) it is immaterial that the death or grievous bodily harm might have been avoided by proper precaution on the part of a person other than the person charged or might have been prevented by proper care or treatment; and (c) when an incident occasions grievous bodily harm to a person and that person receives surgical or medical treatment, and death results either from the harm or the treatment, the incident is deemed to have occasioned the death of that person, although the immediate cause of death was the surgical or medical treatment if the treatment was reasonably proper in the circumstances and was applied in good faith. (3) A person convicted on indictment of an offence against this section is liable — (a) if the offence is against subsection (1)(a), (ba) or (bb), or the offence is against subsection (1)(b) and is committed in circumstances of aggravation, to a fine of any amount and to imprisonment for — (i) 20 years, if the person has caused the death of another person; or (ii) 14 years, if the person has caused grievous bodily harm to another person; or (b) in any other circumstances, to a fine of any amount and to imprisonment for — (i) 10 years, if the person has caused the death of another person; or (ii) 7 years, if the person has caused grievous bodily harm to another person, and, in any event, the court convicting that person shall order that he be disqualified from holding or obtaining a driver's licence for a period of not less than 2 years. (4A) A court sentencing a person for an offence against this section committed in the circumstance of aggravation referred to in section 49AB(1)(c) must — (a) sentence the person to a term of imprisonment of at least 12 months; and (b) not suspend the term of imprisonment. (4B) Subsection (4A) applies whether the person was convicted on indictment or summarily and despite the Sentencing Act 1995 Part 5. (4) On the summary trial of a person charged with an offence against this section the person may, instead of being convicted of that offence, be convicted of an offence against section 59A, 59BA(1), 61 or 62. [Section 59 amended: No. 89 of 1978 s. 12; No. 82 of 1982 s. 9; No. 11 of 1988 s. 24; No. 37 of 1991 s. 6(2); No. 1 of 1992 s. 6; No. 50 of 1997 s. 13; No. 4 of 2004 s. 58; No. 44 of 2004 s. 5; No. 39 of 2007 s. 22; No. 29 of 2008 s. 38; No. 58 of 2011 s. 6; No. 59 of 2012 s. 6; No. 2 of 2015 s. 4; No. 25 of 2016 s. 23.] 59A. Dangerous driving causing bodily harm (1) If a motor vehicle driven by a person (the driver) is involved in an incident occasioning bodily harm to another person and the driver was, at the time of the incident, driving the motor vehicle — (a) while under the influence of alcohol to such an extent as to be incapable of having proper control of the vehicle; or (ba) while under the influence of drugs to such an extent as to be incapable of having proper control of the vehicle; or (bb) while under the influence of alcohol and drugs to such an extent as to be incapable of having proper control of the vehicle; or (b) in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person, the driver commits an offence. (2) For the purposes of this section — [(a) deleted] (b) it is immaterial that the bodily harm might have been avoided by proper precaution on the part of a person other than the person charged or might have been prevented by proper care or treatment. (3) Subject to subsection (3a), a person convicted of an offence against subsection (1) is liable — (a) for a first offence, to a fine of 180 PU or to imprisonment for 9 months; and, in any event, the court convicting that person shall order that he be disqualified from holding or obtaining a driver's licence for a period of not less than 12 months; (b) for a second or subsequent offence, to a fine of 360 PU or to imprisonment for 18 months; and, in any event, the court convicting that person shall order that he be disqualified from holding or obtaining a driver's licence for a period of not less than 18 months. (3a) In the case of an offence under subsection (1)(a), (ba) or (bb), or an offence under subsection (1)(b) committed in circumstances of aggravation, the offence is a crime and a person convicted of it is liable to a fine of any amount and imprisonment for 10 years and in any event the court convicting the person shall order that he be disqualified from holding or obtaining a driver's licence for a period of not less than 2 years. Summary conviction penalty: imprisonment for 3 years or a fine of 720 PU and in any event the court convicting the person shall order that he be disqualified from holding or obtaining a driver's licence for a period of not less than 18 months. (4A) A court sentencing a person for an offence against this section committed in the circumstance of aggravation referred to in section 49AB(1)(c) must — (a) sentence the person to a term of imprisonment of at least 6 months; and (b) not suspend the term of imprisonment. (4B) Subsection (4A) applies whether the person was convicted on indictment or summarily and despite the Sentencing Act 1995 Part 5. (4) A person charged with an offence against this section may, instead of being convicted of that offence, be convicted of an offence against section 59BA(1), 61 or 62. [Section 59A inserted: No. 89 of 1978 s. 13; amended: No. 82 of 1982 s. 10; No. 11 of 1988 s. 24; No. 50 of 1997 s. 13; No. 50 of 2003 s. 92(2); No. 44 of 2004 s. 6; No. 39 of 2007 s. 23; No. 59 of 2012 s. 7; No. 2 of 2015 s. 5; No. 25 of 2016 s. 24.] 59BA. Careless driving causing death, grievous bodily harm or bodily harm (1) If a motor vehicle driven by a person (the driver) is involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, another person and the driver was, at the time of the incident, driving the motor vehicle without due care and attention, the driver commits an offence. Penalty for this subsection: imprisonment for 3 years or a fine of 720 PU and, in any event, the court convicting the person must order that the person be disqualified from holding or obtaining a driver's licence for a period of not less than 3 months. (2) For the purposes of subsection (1) — (a) it is immaterial that the death, grievous bodily harm or bodily harm might have been avoided by proper precaution on the part of a person other than the person charged or might have been prevented by proper care or treatment; and (b) when an incident occasions grievous bodily harm to a person and that person receives surgical or medical treatment, and death results either from the harm or the treatment, the incident is deemed to have occasioned the death of that person, although the immediate cause of death was the surgical or medical treatment if the treatment was reasonably proper in the circumstances and was applied in good faith. (3) A person charged with an offence against subsection (1) may, instead of being convicted of that offence, be convicted of an offence against section 62. [Section 59BA inserted: No. 25 of 2016 s. 25.] 59B. Ancillary matters and defences for sections 59, 59A and 59BA (1) For the purposes of sections 59, 59A and 59BA(1), the circumstances in which a motor vehicle is involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, a person include those in which the death or harm is occasioned through — (a) the motor vehicle overturning or leaving a road while the person is being conveyed in or on the motor vehicle (whether as a passenger or otherwise); or (b) the person falling from the motor vehicle while being conveyed in or on it (whether as a passenger or otherwise); or (c) an impact between any object or thing and the motor vehicle while the person is being conveyed in or on the motor vehicle (whether as a passenger or otherwise); or (d) an impact between the person and the motor vehicle; or (e) an impact of the motor vehicle with another vehicle or an object or thing in, on or near which the person is at the time of impact; or (f) an impact with any object on or attached to the motor vehicle; or (g) an impact with any object that is in motion through falling from the motor vehicle. (2) For the purposes of sections 59, 59A and 59BA(1), a motor vehicle is also involved in an incident occasioning the death of, or grievous bodily harm or bodily harm to, a person if the death or harm is occasioned through the motor vehicle — (a) causing an impact between other vehicles or between another vehicle and any object, thing or person; or (b) causing another vehicle to overturn or leave a road; or (c) causing a person being conveyed in or on another vehicle to fall from that other vehicle. [(3), (4) deleted] (5) In any proceeding for an offence against section 59 or 59A a person who had at the time of the alleged offence a blood alcohol content of or above 0.15 g of alcohol per 100 ml of blood shall be deemed to have been under the influence of alcohol to such an extent as to be incapable of having proper control of a motor vehicle at the time of the alleged offence. (6) In any proceeding for an offence against section 59 or 59A it is a defence for the person charged to prove that the death, grievous bodily harm or bodily harm occasioned by the incident was not in any way attributable (as relevant) — (a) to the fact that the person charged was under the influence of alcohol, drugs, or alcohol and drugs; or (b) to the manner (which expression includes speed) in which the motor vehicle was driven. (7) In any proceeding for an offence against section 59BA(1) it is a defence for the person charged to prove that the death, grievous bodily harm or bodily harm occasioned by the incident was not in any way attributable to the level of care and attention with which the motor vehicle was driven. [Section 59B inserted: No. 44 of 2004 s. 7; amended: No. 39 of 2007 s. 4; No. 59 of 2012 s. 8; No. 25 of 2016 s. 26.] 60. Driving in reckless manner (1) For the purposes of this section, a motor vehicle is driven in a reckless manner if it is driven in a manner (which expression includes speed) that is inherently dangerous or that is, having regard to all the circumstances of the case, dangerous to the public or to any person. (1A) A person commits an offence if the person wilfully drives a motor vehicle in a reckless manner in — (a) a confiscation zone; or (b) any other place. [(1b), (1c), (1D) deleted] (2) A person charged with an offence against this section may, instead of being convicted of that offence, be convicted of an offence against section 60A, 61, 62 or 62A. [Section 60 amended: No. 11 of 1988 s. 24; No. 78 of 1995 s. 147; No. 50 of 1997 s. 13; No. 50 of 2003 s. 92(2); No. 10 of 2004 s. 8; No. 54 of 2006 s. 12; No. 24 of 2008 s. 4; No. 23 of 2009 s. 5; No. 8 of 2012 s. 37; No. 59 of 2012 s. 9; No. 51 of 2016 s. 7.] 60A. Driving at reckless speed (1) A person commits an offence if the person drives a motor vehicle at a speed of 155 km/h or more on any other length of road. (2) A person commits an offence if the person drives a motor vehicle at 45 km/h or more above the speed limit — (a) in a confiscation zone; or (b) on any other length of road. (3) A person charged with an offence against this section may, instead of being convicted of that offence, be convicted of an offence against section 60(1A), 61 or 62. [Section 60A inserted: No. 51 of 2016 s. 8.] 60B. Penalties for offences against sections 60 and 60A (1) In this section — offence means an offence against section 60 or 60A. (2) A person convicted of an offence is liable — (a) for a first offence, to a fine of 120 PU or to imprisonment for 9 months; and (b) for a second offence, to a fine of 180 PU or to imprisonment for 9 months; and (c) for a third or subsequent offence, to a fine of 240 PU or to imprisonment for 12 months. (3) In any event, a court convicting a person — (a) of a first offence, must order that the person be disqualified from holding or obtaining a driver's licence for a period of not less than 6 months; and (b) of a second offence, must order that the person be disqualified from holding or obtaining a driver's licence for a period of not less than 12 months; and (c) of a third or subsequent offence, must order that the person be permanently disqualified from holding or obtaining a driver's licence. (4) If an offence is committed in the circumstance of aggravation referred to in section 49AB(1)(c), the offence is a crime. Penalty for this subsection: imprisonment for 5 years. Summary conviction penalty for this subsection: imprisonment for 2 years. (5) A court sentencing a person for an offence committed in the circumstance of aggravation referred to in section 49AB(1)(c) must — (a) sentence the person to a term of imprisonment of at least 6 months; and (b) not suspend the term of imprisonment; and (c) for a first or second offence — order that the offender is disqualified from holding or obtaining a driver's licence for a period of not less than 2 years; and (d) for a third or subsequent offence — order that the offender is permanently disqualified from holding or obtaining a driver's licence. (6) Subsection (5) applies whether the person was convicted on indictment or summarily and despite the Sentencing Act 1995 Part 5. (7) A reference in subsection (5)(c) or (d) to an offence is a reference to the offence whether or not committed in the circumstance of aggravation referred to in section 49AB(1)(c). [Section 60B inserted: No. 51 of 2016 s. 8.] 60C. Arrest without warrant for driving in reckless manner or at reckless speed A police officer who reasonably suspects that a person has committed an offence against section 60 or 60A may, without a warrant, arrest the person. [Section 60C inserted: No. 51 of 2016 s. 8.] 61. Dangerous driving (1) Every person who drives a motor vehicle in a manner (which expression includes speed) that is, having regard to all the circumstances of the case, dangerous to the public or to any person commits an offence. (2) A person charged with an offence against this section may, instead of being convicted of that offence, be convicted of an offence against section 62 or 62A. (3) A person convicted of an offence against this section is liable — (a) unless paragraph (b) applies — (i) for a first offence — to a fine of 60 PU; (ii) for a subsequent offence — to a fine of 120 PU or to imprisonment for 9 months; and, in any event, the court convicting the person must order that the offender is disqualified from holding or obtaining a driver's licence for a period of not less than 12 months; (b) if the offence is committed in the circumstance of aggravation referred to in section 49AB(1)(c) — to a fine of 720 PU or to imprisonment for 3 years; and, in any event, the court convicting the person must order that the offender is disqualified from holding or obtaining a driver's licence for a period of not less than 2 years. (4) For the purposes of subsection (3), where a person is convicted of an offence against this section any offence previously committed by him against section 59, 59A, 60, as in force from time to time, or 60A shall be taken into account and be deemed to have been an offence against this section (but not to the exclusion of any other previous offence against this section) in determining whether that first‑mentioned offence is a first or subsequent offence. [Section 61 amended: No. 11 of 1988 s. 24; No. 78 of 1995 s. 147; No. 50 of 1997 s. 13; No. 50 of 2003 s. 92(2); No. 54 of 2006 s. 13; No. 23 of 2009 s. 6; No. 59 of 2012 s. 10; No. 51 of 2016 s. 9.] 61A. Defence for police officers driving in reckless manner in certain circumstances (1) It is a defence to a prosecution for an offence against section 59(1)(b), 59A(1)(b), 60(1A) or 61(1) if the accused satisfies the court that, at the time of the alleged commission of the offence — (a) the accused was on official duty as a police officer; and (b) the driving was substantially in accordance with the Commissioner's policies and guidelines relating to driving, applicable at the time of the driving, and any direction given under such a policy or guideline; and (c) having regard to all of the circumstances of the case, it was reasonable, and in the public interest, for the accused to have driven the motor vehicle in the manner that he or she did. (2) Subsection (1) does not affect the application of any other defence the accused may have. [Section 61A inserted: No. 59 of 2012 s. 11; amended: No. 59 of 2012 s. 12; No. 51 of 2016 s. 10.] 61B. Defence for certain officers driving at reckless speed The driver of a motor vehicle is not guilty of an offence under section 60A if — (a) either — (i) the driver is on official duty as a police officer and the driving is substantially in accordance with the Commissioner's policies and guidelines relating to driving, applicable at the time of the driving, and any direction given under such a policy or guideline; or (ii) the driver is on official duty responding to a fire or fire alarm; or (iii) the driver is on official duty responding to an emergency or rescue operation where it is reasonable to assume that human life is likely to be in danger; or (iv) the motor vehicle is an ambulance and is being used to answer an urgent call or to convey a person to a place for the provision of urgent medical treatment; and (b) the driver is taking reasonable care; and (c) the vehicle is displaying a blue or red flashing light or sounding an alarm unless, in the circumstances, it is reasonable for a light not to be displayed or an alarm not to be sounded. [Section 61B inserted: No. 51 of 2016 s. 11.] 62. Careless driving Every person who drives a motor vehicle without due care and attention commits an offence. Penalty: a fine of 30 PU. [Section 62 amended: No. 11 of 1988 s. 24; No. 50 of 1997 s. 13; No. 25 of 2016 s. 27.] 62A. Causing excessive noise or smoke from vehicle's tyres A person commits an offence if the person wilfully drives a motor vehicle so as to cause one or more of its tyres to create smoke or excessive noise in or on, or leave a substance on the driving surface of — (a) a confiscation zone; or (b) any other length of road; or (c) a carpark. Penalty: a fine of 30 PU. [Section 62A inserted: No. 51 of 2016 s. 12.] Division 2A — Providing driving instruction to learner drivers: alcohol and drug related offences [Heading inserted: No. 25 of 2016 s. 44.] 62B. Providing driving instruction: blood alcohol content (1) An instructor who provides driving instruction to a learner driver while having a blood alcohol content of or above 0.05 g of alcohol per 100 ml of blood commits an offence. Penalty for this subsection: a fine of not less than 15 PU or more than 25 PU. (2) Subsection (4) applies to an instructor who — (a) holds an extraordinary licence as defined in the Road Traffic (Authorisation to Drive) Act 2008 section 3(1); or (b) has, within the last 3 years, ceased to be subject to an order disqualifying the instructor from holding or obtaining a driver's licence imposed for an offence against section 63, 67 or 67AD(6), or for a second or subsequent offence against section 64, 64B(3) or 67AD(4); or (c) has, within the last 3 years, been granted a driver's licence in a case where the instructor did not hold a driver's licence because it had been cancelled under a cancellation provision as a result of an order disqualifying the instructor from holding or obtaining a driver's licence imposed for an offence against section 63, 67 or 67AD(6), or for a second or subsequent offence against section 64, 64B(3) or 67AD(4); or (d) is a member of a class of persons prescribed for the purposes of section 64A(2)(g) by regulations made for the purposes of the Road Traffic (Authorisation to Drive) Act 2008 section 5A. (3) In subsection (2)(c) — cancellation provision means — (a) a provision of the Road Traffic (Authorisation to Drive) Act 2008 Part 3 Division 2 under which a driver's licence may be cancelled; or (b) section 75(2a) or (2b) of this Act as in force at any time before those provisions were deleted by the Road Traffic Legislation Amendment Act 2012 section 20. (4) An instructor to whom this subsection applies who provides driving instruction to a learner driver while having any blood alcohol content commits an offence. Penalty for this subsection: a fine of not less than 15 PU or more than 25 PU. (5) An instructor who provides driving instruction to a learner driver in respect of a motor vehicle that has a GCM that is 22.5 tonnes or more while having any blood alcohol content commits an offence. Penalty for this subsection: a fine of not less than 15 PU or more than 25 PU. (6) It is a defence to a charge of an offence against subsection (4) or (5) for the accused to prove that the accused's blood alcohol content was not to any extent caused 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. (7) A person charged with an offence against subsection (1) may, instead of being convicted of that offence, be convicted of an offence against subsection (4) or (5) if, at the time of the alleged offence, the person was a person to whom subsection (4) or (5) applied. [Section 62B inserted: No. 25 of 2016 s. 44; amended: No. 25 of 2016 s. 45; No. 27 of 2020 s. 4.] 62C. Providing driving instruction with prescribed illicit drug in oral fluid or blood (1) An instructor who provides driving instruction to a learner driver while a prescribed illicit drug is present in the instructor's oral fluid or blood commits an offence. Penalty for this subsection: a fine of not less than 15 PU or more than 25 PU. (2) If in any proceeding for an offence against this section it is proved that a certain drug was present in the accused's body at any time within 4 hours, or 12 hours if the sample was taken under section 66(8B), after the time that the accused was providing the driving instruction, the presence of that drug in the accused's body at the time the accused was providing the driving instruction is to be taken to be proved in the absence of proof to the contrary. (3) If a person takes a prescribed illicit drug mistakenly believing it to be another drug, that mistake is not a defence in any proceeding for an offence against this section if that other drug is also a drug within the meaning of paragraph (a) or (b) of the definition of drug in section 65. [Section 62C inserted: No. 25 of 2016 s. 44; amended: No. 25 of 2016 s. 46; No. 27 of 2020 s. 5.] Division 2 — Driving of vehicles: alcohol and drug related offences [Heading inserted: No. 10 of 2004 s. 9.] 63. Driving under the influence of alcohol, drugs or alcohol and drugs (1) A person who drives or attempts to drive a motor vehicle — (a) while under the influence of alcohol to such an extent as to be incapable of having proper control of the vehicle; or (b) while under the influence of drugs to such an extent as to be incapable of having proper control of the vehicle, [(c) deleted] commits an offence. Penalty for this subsection: (a) for a first offence, if the person has committed the offence under paragraph (a) and has been previously convicted of an offence against section 64 — (i) a fine of not less than 48 PU and not more than 75 PU; and (ii) the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver's licence for a period not less than the minimum period of disqualification that would apply if the offence were against section 64 instead of this section and the person's blood alcohol content were above 0.14 g of alcohol per 100 ml of blood; (b) for a first offence, if the person has committed the offence under paragraph (a) and has been previously convicted of an offence against section 64B(3), or offences against sections 64 and 64B(3) — (i) a fine of not less than 54 PU and not more than 75 PU; and (ii) the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver's licence for a period not less than the minimum period of disqualification that would apply if the offence were against section 64B(3) instead of this section and the person's blood alcohol content were above 0.14 g of alcohol per 100 ml of blood; (c) for a first offence, in any other case — (i) a fine of not less than 34 PU or more than 75 PU; and (ii) the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver's licence for a period of not less than 10 months; (d) for a second offence — (i) a fine of not less than 63 PU or more than 105 PU or imprisonment for 9 months; and (ii) the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver's licence for a period of not less than 30 months; (e) for a subsequent offence — (i) a fine of not less than 63 PU or more than 150 PU or imprisonment for 18 months; and (ii) the court convicting the person must, in any event, order that the person be permanently disqualified from holding or obtaining a driver's licence. (1A) For the purposes of subsection (1), a previous conviction for an offence against subsection (2) or section 64AB, 67, 67AA or 67AD(6) is taken to be a previous offence against subsection (1). (2) A person who drives or attempts to drive a motor vehicle while under the influence of alcohol and a drug to such an extent as to be incapable of having proper control of the vehicle commits an offence. Penalty for this subsection: (a) for a first offence, if the person has been previously convicted of an offence against section 64 — (i) a fine of not less than 48 PU and not more than 113 PU; and (ii) the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver's licence for a period of not less than the minimum period of disqualification that would apply if the offence were against section 64 instead of this section and the person's blood alcohol content were above 0.14 g of alcohol per 100 ml of blood; (b) for a first offence, if the person has been previously convicted of an offence against section 64B(3), or offences against sections 64 and 64B(3) — (i) a fine of not less than 72 PU and not more than 113 PU; and (ii) the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver's licence for a period of not less than the minimum period of disqualification that would apply if the offence were against section 64B(3) instead of this section and the person's blood alcohol content were above 0.14 g of alcohol per 100 ml of blood; (c) for a first offence, in any other case — (i) a fine of not less than 41 PU or more than 113 PU; and (ii) the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver's licence for a period of not less than 15 months; (d) for a second offence — (i) a fine of not less than 95 PU or more than 158 PU or imprisonment for 9 months; and (ii) the court convicting the person must, in any event, order that the person be disqualified from holding or obtaining a driver's licence for a period of not less than 42 months; (e) for a subsequent offence — (i) a fine of not less than 95 PU or more than 225 PU or imprisonment for 18 months; and (ii) the court convicting the person must, in any event, order that the person be permanently disqualified from holding or obtaining a driver's licence. (3) For the purposes of subsection (2), a previous conviction for an offence against section 64AB, 67, 67AA or 67AD(6) is taken to be a previous offence against subsection (2). (3A) A person who commits an offence against subsection (1) or (2) may be arrested without warrant. (4) The charging of a person with an offence against this section must not limit the operation of section 66, but the person charged must immediately be told by the person laying the charge that — (a) the person charged has the right to be examined by a medical practitioner nominated by them, if one is available; and (b) the person charged has the right to communicate with a legal practitioner and another person nominated by them, and if the person charged desires to exercise any of those rights, every reasonable facility to do so must be afforded them. (4a) The rights and requirements in subsection (4) do not apply unless the person is under arrest or otherwise in custody at the time of being charged. (4b) The right in subsection (4)(a), and the requirements relating to it, do not apply if a sample of the person's blood has been taken pursuant to section 6