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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 33

Automatic driver licence disqualification—repeat offenders, s 19

    (1)     This section applies only to repeat offenders.

    (2)     If a court convicts a special driver, other than a driver trainer, of an offence against section 19 (1) and finds that the concentration of alcohol in the person's blood or breath was at a level mentioned in an item of column 2 of an item of table 33, the person is automatically disqualified from holding and obtaining a driver licence for—

        (a)     the period mentioned in column 4 of that item; or

        (b)     if the court orders a shorter period of disqualification that is not less than the period mentioned in column 3 of that item—the shorter period.

    (3)     If a court convicts a person other than a special driver of an offence against section 19 (1) and finds that the concentration of alcohol in the person's blood or breath was at level 2, 3 or 4, the person is automatically disqualified from holding or obtaining a driver licence for—

        (a)     the period mentioned in the item applying to that level in table 33, column 4; or

        (b)     if the court orders a shorter period of disqualification that is not less than the period mentioned in column 3 of that item—the shorter period.

    (4)     For the Magistrates Court Act 1930

, section 208 (1) (g), an automatic disqualification from holding or obtaining a driver licence under this section is taken to be an order of the court to disqualify a person from holding or obtaining a driver licence.

Table 33

column 1

item

column 2

alcohol concentration level

column 3

minimum disqualification

column 4

default disqualification

1

level 1

3 months

12 months

2

level 2

3 months

12 months

3

level 3

6 months

3 years

4

level 4

12 months

5 years

Note     The effect of disqualification is set out in the Road Transport (General) Act 1999

, s 66.



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