Northern Territory Consolidated Acts

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TRAFFIC ACT 1987 - SECT 19

Interpretation

    (1)     In this Part:

"AIL", or alcohol ignition lock , means a device fitted to a motor vehicle that will prevent the starting of the vehicle unless:

        (a)     a sample of a person's breath is given through the device; and

        (b)     the sample indicates the person has a BrAC of less than 0.02 grams per 210 litres of exhaled breath.

"AIL licence", see section 10(4A) of the Motor Vehicles Act 1949 .

"AIL period", see sections 21(3)(b), 22(3)(b), 24(5)(b), 25(6A), 29AAA(3A)(b), 29AAE(3)(b) and 29AAH(3)(b).

"AIL vehicle", see section 10(4A) of the Motor Vehicles Act 1949 .

"approved AIL", see section 5(1) of the Motor Vehicles Act 1949 .

"BAC" means blood alcohol content.

"BrAC" means breath alcohol content.

"commercial passenger vehicle", see section 3(1) of the Commercial Passenger (Road) Transport Act 1991 .

"crash", see Australian Road Rules – dictionary.

"driving instructor" means a person approved under section 25B of the Motor Vehicles Act 1949 .

"drug" means a substance (other than alcohol):

        (a)     prescribed by the Regulations under section 28; or

        (b)     that, when consumed, ingested or used by a person deprives the person, temporarily or permanently, of the person's normal mental or physical faculties.

GVM or gross vehicle mass , see section 5(1) of the Motor Vehicles Act 1949 .

high range breath or blood alcohol content means:

        (a)     a BrAC of 0.15 grams or more of alcohol per 210 litres of exhaled breath; or

        (b)     a BAC of 0.15 grams or more of alcohol per 100 millilitres of blood.

"immediate suspension offence" means an offence that attracts a notice of immediate suspension under section 29AAN.

low range breath or blood alcohol content means:

        (a)     a BrAC of 0.05 grams or more, but less than 0.08 grams, of alcohol per 210 litres of exhaled breath; or

        (b)     a BAC of 0.05 grams or more, but less than 0.08 grams, of alcohol per 100 millilitres of blood.

"mandatory period", see sections 21(3)(b) , 22(3)(b), 24(5)(b), 25(6A), 29AAA(3A)(b), 29AAE(3)(b) and 29AAH(3)(b).

medium range breath or blood alcohol content means:

        (a)     a BrAC of 0.08 grams or more, but less than 0.15 grams, of alcohol per 210 litres of exhaled breath; or

        (b)     a BAC of 0.08 grams or more, but less than 0.15 grams, of alcohol per 100 millilitres of blood.

"prohibited drug", see section 19A.

"road", see Australian Road Rules – dictionary.

"road-related area", see Australian Road Rules – dictionary.

"saliva test" means a test of a sample of a person's saliva to ascertain whether a prohibited drug may be present in the person's body.

    (2)     In this Part:

"drive":

        (a)     means the act of driving a motor vehicle; and

        (b)     includes starting the engine of a motor vehicle; and

        (c)     also includes putting a vehicle in motion; and

        (d)     includes attempting to do any of those things;

on a road, road-related area or public place.

    (3)     In this Part, a police officer directs a person to pull over (or pulls a driver over) when the officer signals to the person to bring the motor vehicle the person is driving to a stop near where the signal is made.

    (4)     In this Part, a reference to a failure to:

        (a)     submit to a breath test or breath analysis; or

        (b)     submit to a saliva test; or

        (c)     provide a sample of blood for analysis;

is taken to be a reference to:

        (d)     a refusal or failure to submit to a breath test or breath analysis, or to provide a sufficient sample of breath for a breath test or breath analysis; or

        (e)     a refusal or failure to submit to a saliva test or provide a sufficient sample of saliva; or

        (f)     a refusal or failure to submit to the taking of a sample of blood;

respectively.

    (5)     In this Part, a reference to driving under the influence of alcohol or a drug is taken to be a reference to driving a motor vehicle under the influence of alcohol or a drug, or any combination of alcohol and a drug or drugs, to such an extent as to be incapable of having proper control of the vehicle.

    (6)     In this Part, a reference to a period for which a person is disqualified from obtaining a licence is a reference to such a period decided by the court ordering the disqualification.



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