Australian Capital Territory Current Acts

ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 24A

    (1)     A person commits an offence if—

        (a)     the person—

              (i)     drives a vehicle on a road; or

              (ii)     rides an animal on a road; or

              (iii)     is in charge of an animal, including an animal being used for an animal-drawn vehicle, on a road; and

        (b)     the person is under the influence of alcohol or a drug to such an extent that the person is incapable of having proper control of the vehicle or animal.

Maximum penalty:

        (a)     for a first offender—30 penalty units, imprisonment for 6 months or both; or

        (b)     for a repeat offender—30 penalty units, imprisonment for 12 months or both.

    (2)     A person commits an offence if—

        (a)     the person—

              (i)     drives a vehicle on a road related area; or

              (ii)     rides an animal on a road related area; or

              (iii)     is in charge of an animal, including an animal being used for an animal-drawn vehicle, on a road related area; and

        (b)     the person is under the influence of alcohol or a drug to such an extent that the person is incapable of having proper control of the vehicle or animal.

Maximum penalty: 20 penalty units.

    (3)     An offence against this section is a strict liability offence.

    (4)     If a charge for an offence against this section states that the person was under the influence of ‘alcohol or a drug', in a proceeding for the offence—

        (a)     evidence that the person was under the influence of alcohol, or a drug, or both, is admissible; and

        (b)     if the evidence establishes that the person was under the influence of alcohol, or a drug, or both, the person may be convicted of the offence.

    (5)     In this section:

animal means a horse, cattle or sheep.

"drive", a vehicle—

        (a)     includes—

              (i)     be in control of the steering, movement or propulsion of the vehicle; and

              (ii)     if the vehicle can be ridden—ride the vehicle; but

        (b)     does not include pushing, carrying or otherwise controlling the vehicle while dismounted.

"first offender", in relation to an offence against subsection (1), means a person who—

        (a)     is convicted or found guilty of an offence against subsection (1); and

        (b)     is not a repeat offender in relation to the offence.

"repeat offender", in relation to an offence against subsection (1), means a person who—

        (a)     is convicted or found guilty of an offence against subsection (1) (the current offence ); and

        (b)     has been convicted or found guilty of another offence against subsection (1) committed within 5 years before the current offence regardless of whether the person—

              (i)     has been convicted or found guilty of the earlier offence before the person committed the current offence; or

              (ii)     is convicted or found guilty concurrently with the current offence.

"vehicle" means—

        (a)     a bicycle; or

        (b)     a personal mobility device; or

        (c)     an animal-drawn vehicle.