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TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 79A
When is a person over the limit
79A When is a person over the limit
(1) For this Act, a person is over the
"no alcohol limit" if— (a) the concentration of alcohol in the person’s
blood is more than 0mg of alcohol in 100mL of blood; or
(b) the concentration
of alcohol in the person’s breath is more than 0g of alcohol in 210L of
breath.
(2) For this Act, a person is over the
"general alcohol limit" if— (a) the concentration of alcohol in the
person’s blood is, or is more than, 50mg of alcohol in 100mL of blood; or
(b) the concentration of alcohol in the person’s breath is, or is more than,
0.050g of alcohol in 210L of breath.
(2A) For this Act, a person is over the
"middle alcohol limit" if— (a) the concentration of alcohol in the
person’s blood is, or is more than, 100mg of alcohol in 100mL of blood; or
(b) the concentration of alcohol in the person’s breath is, or is more than,
0.100g of alcohol in 210L of breath.
(3) For this Act, a person is over the
"high alcohol limit" if— (a) the concentration of alcohol in the person’s
blood is, or is more than, 150mg of alcohol in 100mL of blood; or
(b) the
concentration of alcohol in the person’s breath is, or is more than, 0.150g
of alcohol in 210L of breath.
(4) For this Act— (a) the concentration of
alcohol in a person’s blood may be expressed as— (i) a stated number of
milligrams of alcohol in 100mL of blood; or
(ii) a percentage that expresses
the stated number of milligrams of alcohol in 100mL of blood; and
(b) the
concentration of alcohol in a person’s breath may be expressed as— (i) a
stated number of grams of alcohol in 210L of breath; or
(ii) a stated number
of grams in 210L.
Examples for subsection (4)— 1 The concentration of
alcohol in a person’s blood may be expressed as 63mg of alcohol in 100mL of
blood or as 0.063%.
2 The concentration of alcohol in a person’s breath may
be expressed as 0.063g of alcohol in 210L of breath or as 0.063g/210L.
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