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 those who are defined as such in Section 107(2) of the Road Transport Act 2013 which includes the following:
Meaning of “special category driver” For the purposes of this Part, a person is a special category driver in respect of a motor vehicle if—
(a) the person holds an applicable learner licence, applicable provisional licence or applicable interlock driver licence for motor vehicles of a class that includes the motor vehicle, or
(b) the person is not authorised to drive the motor vehicle in this jurisdiction because—
(i) the person (in this jurisdiction or elsewhere) has had the person’s application for a relevant applicable driver licence refused, or
(ii) the person (in this jurisdiction or elsewhere) has ceased to hold a relevant applicable driver licence as a result of the cancellation or suspension of the licence, or
(iii) the person (in this jurisdiction or elsewhere) has ceased to hold an applicable learner licence, applicable provisional licence or applicable interlock driver licence as a result of the expiry of the licence, or
(iv) the person (in this jurisdiction or elsewhere) has ceased to hold a relevant applicable driver licence (other than an applicable learner licence or provisional licence or an interlock driver licence) as a result of the expiry of the licence, but only where the licence has been expired for a period of more than 6 months, or
(v) the person (in this jurisdiction or elsewhere) has been disqualified from driving, or
(vi) the person has never obtained a relevant applicable driver licence, or
(c) the motor vehicle 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, or
(ca) the motor vehicle is a taxi or hire vehicle being used to provide a passenger service within the meaning of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016, or
(d) the motor vehicle is a coach, or
(e) the motor vehicle is a motor vehicle that has a GVM exceeding 13.9 tonnes, or
(f) the motor vehicle is being used in combination with a trailer in circumstances where the motor vehicle and trailer combination has a GCM exceeding 13.9 tonnes, or
(g) the motor vehicle (or any trailer being towed by the motor vehicle)—
(i) is required, because it carries dangerous goods within the meaning of the Dangerous Goods (Road and Rail Transport) Act 2008, to have a sign exhibited on it by regulations under that Act, or under any code prescribed for the purposes of this paragraph by statutory rules under this Act, or
(ii) carries any radioactive substance within the meaning of the Radiation Control Act 1990.
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(3) 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.