Western Australian Current Acts Western Australian Current Acts (1) An instructor who
provides driving instruction to a learner driver while having a blood alcohol
content of or above 0.05 g of alcohol per 100 ml of blood commits an offence.
Penalty for this subsection: a fine of not less
than 15 PU or more than 25 PU.
(2) Subsection (4)
applies to an instructor who —
(a)
holds an extraordinary licence as defined in the Road Traffic (Authorisation
to Drive) Act 2008 section 3(1); or
(b) has,
within the last 3 years, ceased to be subject to an order disqualifying the
instructor from holding or obtaining a driver’s licence imposed for an
offence against section 63, 67 or 67AD(6), or for a second or subsequent
offence against section 64, 64B(3) or 67AD(4); or
(c) has,
within the last 3 years, been granted a driver’s licence in a case where
the instructor did not hold a driver’s licence because it had been
cancelled under a cancellation provision as a result of an order disqualifying
the instructor from holding or obtaining a driver’s licence imposed for
an offence against section 63, 67 or 67AD(6), or for a second or subsequent
offence against section 64, 64B(3) or 67AD(4); or
(d) is a
member of a class of persons prescribed for the purposes of section 64A(2)(g)
by regulations made for the purposes of the Road Traffic (Authorisation to
Drive) Act 2008 section 5A.
(3) In subsection
(2)(c) —
cancellation provision means —
(a) a
provision of the Road Traffic (Authorisation to Drive) Act 2008 Part 3
Division 2 under which a driver’s licence may be cancelled; or
(b)
section 75(2a) or (2b) of this Act as in force at any time before those
provisions were deleted by the Road Traffic Legislation Amendment Act 2012
section 20.
(4) An instructor to
whom this subsection applies who provides driving instruction to a learner
driver while having any blood alcohol content commits an offence.
Penalty for this subsection: a fine of not less
than 15 PU or more than 25 PU.
(5) An instructor who
provides driving instruction to a learner driver in respect of a motor vehicle
that has a GCM that is 22.5 tonnes or more while having any blood alcohol
content commits an offence.
Penalty for this subsection: a fine of not less
than 15 PU or more than 25 PU.
(6) It is a defence to
a charge of an offence against subsection (4) or (5) for the accused to prove
that the accused’s blood alcohol content was not to any extent caused by
any of the following —
(a) the
consumption of an alcoholic beverage (otherwise than for the purposes of
religious observance);
(b) the
consumption or use of any other substance (for example, food or medicine) for
the purpose of consuming alcohol.
(7) A person charged
with an offence against subsection (1) may, instead of being convicted of that
offence, be convicted of an offence against subsection (4) or (5) if, at the
time of the alleged offence, the person was a person to whom subsection (4) or
(5) applied.
[Section 62B inserted: No. 25 of 2016 s. 44;
amended: No. 25 of 2016 s. 45; No. 27 of 2020 s. 4.]