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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 41A

Evidence for insurance purposes

    (1)     For a proceeding in relation to an insurance contract, evidence of any of the following is not admissible as evidence that a person was at any time under the influence of or in any way affected by alcohol or a prescribed drug, or a drug other than alcohol or a prescribed drug, or was incapable of driving or of exercising effective control over a motor vehicle:

        (a)     evidence that the person has undergone an alcohol or drug screening test;

        (b)     evidence of the result of an alcohol or drug screening test under part 2 (Examination of people for alcohol or drugs);

        (c)     evidence that the person has provided a sample for a breath analysis under section 12 (Breath analysis);

        (d)     evidence of the result of a breath analysis;

        (e)     evidence that the person has provided a sample of oral fluid for analysis under section 13E (Oral fluid—preliminary analysis);

        (f)     evidence of the result of an oral fluid analysis;

        (g)     evidence that a sample of blood or other body sample was taken from the person under section 15 (5) (Taking blood samples from people in custody), section 15AA (2) (Taking blood samples from people in hospital) or section 16 (2) (Medical examination—offence against s 24 or culpable driving);

        (h)     evidence that a doctor or nurse dealt with a container holding a blood sample in accordance with section 15 (7) or section 15AA  (4);

              (i)     evidence that a statement was given to the person under section 13H (Oral fluid analysis statement), section 15B (Blood analysis statement) or section 16B (Body sample statement);

        (j)     evidence of the contents of a statement given under section 13H, section 15B, or section 16B;

        (k)     evidence that the person was found guilty of a relevant offence;

        (l)     evidence that, as a result of the person's being found guilty or being convicted of a relevant offence, an order was made in relation to the person;

        (m)     evidence that a non-conviction order was made under the Crimes (Sentencing) Act 2005

, section 17 (2) (a) (Non-conviction orders—general);

        (n)     evidence that an offence was taken into account by a court under the Crimes (Sentencing) Act 2005

, part 4.4 (Taking additional offences into account).

    (2)     For a proceeding in relation to an insurance contract, a statement given to a person under section 13H, section 15B or section 16B is not admissible as evidence of the fact that the person was at any time under the influence of or in any way affected by alcohol or a prescribed drug, or a drug other than alcohol or a prescribed drug, or was incapable of driving or of exercising effective control over a motor vehicle.

    (3)     A covenant, term, condition or provision of an insurance contract is void—

        (a)     to the extent that the operation of this section is excluded, limited, modified or restricted; or

        (b)     to the extent that it purports to exclude, limit, modify or restrict the insurer's liability if an owner, registered operator or driver of a motor vehicle is convicted or found guilty of an offence against this Act.

    (4)     However, nothing in subsection (3) precludes the inclusion in an insurance contract of any other covenant, term, condition or provision under which the insurer's liability is excluded or limited.

    (5)     In this section:

"relevant offence" means any of the following:

        (a)     an offence against section 19 in relation to a blood sample taken from a person under section 15 (5) or section 15AA (2);

        (b)     an offence against section 20 (Prescribed drug in oral fluid or blood––driver or driver trainer);

        (c)     an offence against section 22A (Refusing to provide oral fluid sample);

        (d)     an offence against section 23 (Refusing blood test etc);

        (e)     an offence against another provision of this Act prescribed by regulation;

        (f)     an offence of culpable driving.



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