penalties for drink & drug driving/Demerit point offences

penalties for drink & drug driving/Demerit point offences Dr. IamirMaloka

Blood alcohol concentration (BAC) • Legal Disclaimer: • Please note: This information does not constitute legal advice and should not be relied upon in this way. The information is correct at the time of publication. For information specific to your situation contact a legal aid service in your state or territory. • Definition • Blood alcohol concentration (BAC) refers to the amount of alcohol present in the bloodstream. • A BAC of 0.05% (point 0 five) means that there is 0.05 grams of alcohol in every 100 milliliters of blood.

Factors affecting the BAC • The more a person drinks, the higher their BAC, however, two people who drink the same amount of alcohol might register quite different BACs. This is due to a variety of factors including body size, whether or not they have eaten recently, percentage of body fat, whether they are male or female and whether or not they have drunk before. Body Size A smaller person will have a higher BAC than a larger person for the same amount of alcohol consumed, because the alcohol is concentrated in a smaller body mass.

Empty stomach • A person with an empty stomach will reach a higher BAC sooner than someone who has just eaten a meal, because food in the stomach slows the rate at which alcohol passes into the bloodstream. However, eating before drinking does not prevent intoxication. Body Fat Alcohol is not absorbed into fatty tissue; therefore people with a greater proportion of body fat will develop a high BAC more quickly than those who have lower proportions of fatty tissue. This occurs because the alcohol becomes concentrated in the smaller mass of non-fatty tissue.

Gender • Women's bodies, being usually smaller than those of men and with a higher ratio of fatty tissue to lean muscle, will absorb alcohol more quickly than men's bodies do. This means that a woman drinking the same amount of alcohol as a man, will develop a high BAC more quickly than the man will. Inexperience Less experienced drinkers have a lower tolerance to alcohol and so their BAC is likely to rise more quickly than it will in more experienced drinkers.

Drink Driving • Alcohol is a major factor in road deaths in Victoria. Each year about a quarter of drivers killed in road crashes have a blood alcohol concentration (BAC) of .05 or more. • This section explains what Victoria's drink driving laws are, the penalties and offences of drunk driving, and what happens if you go to court.

What’s the law? • Truck, bus or taxi drivers (professional drivers), probationary and learner drivers, and people who have previously committed drink driving offences must have a zero blood alcohol concentration (BAC).All other drivers must stay under .05 BAC. • Drink driving offences are not limited to public roads. They can be committed on private property. • Those caught driving with a BAC over the legal limit face heavy fines and loss of license and, for the most serious offenders, possible detention. • It’s also an offence to: • drive under the influence of alcohol • refuse to provide a breath or blood sample or to stop at a booze bus (or Random Breath Test station), or fail to cooperate when a breath or blood test is being conducted • be .05 BAC or over while accompanying a learner driver.

Offences & penalties • Infringement notices are only issued for first offences. Traffic infringement notices are not issued for subsequent drink driving offences, or for drink driving offences with a BAC of .15 or above. Charges are laid for the offence and the matter is dealt with at court. For a first offence, the authorities can choose to issue you with an infringement notice or take you to court. • In 2012 - 2013, one penalty unit is $140.84. Refer to the Office of the Chief Parliamentary Counsel for the yearly value of penalty units.

The penalties for drink driving traffic infringement notices are set out below:

Notes on offences and penalties: • Demerit points and novice drivers:Learner and probationary drivers have a demerit point threshold of five demerit points within a 12 month period (in addition to the standard 12 point threshold within a three year period). This means that an offence attracting 10 demerit points will result in an automatic four month license suspension, unless the driver takes the ‘double or nothing’ option and gains no more demerit points within the next 12 months. On the spot suspension: Authorities have the power to immediately suspend your license or learner permit in certain situations. Examples include learner or probationary drivers with a BAC of .07 or more, full license holders with a BAC of .10 or more, and repeat offenders. The length of suspension depends on the circumstances - for example, it could last until the charges have been decided at court.

Choice to appear in court: • If you choose to have your case heard in court (or if the matter is dealt with by charges instead of an infringement notice) and the court finds you guilty, the court may fine you and cancel your license or learner permit for up to six months (for offences with a BAC under .05), or for at least six months (for offences where the BAC is at least .05 but less than .07). For a BAC of .07 or more (.05 or more for subsequent offences) the court must cancel your license or learner permit for at least six months (first offence)/14 months (subsequent offences).

What happens in court? • There are few defenses against drunk driving, so you should obtain private legal advice if you intend to contest the charges.If found guilty, you will be fined and your license or learner permit will probably be cancelled. The court can also decide to record a conviction. You cannot drive again until you have a valid license or learner permit.

Getting your license or learner permit back: • Depending on the offence and circumstances you may also have to: • complete a driver education program • obtain a License Restoration Order from the Magistrates' Court before you can apply to Vic Roads to get your license or learner permit back • Have a Z license condition forced when you are relicensed – this restricts you to zero BAC for three years (or longer if you have an alcohol interlock). • complete at least two assessments for alcohol problems • Have an alcohol interlock condition forced when you are relicensed. This means that you will only be allowed to drive a vehicle fitted with an interlock.

Alcohol Interlocks • In Victoria, an alcohol interlock is fitted to the car of drivers who have been convicted of serious drink driving offences. An alcohol interlock prevents a car starting if the driver has been drinking. The interlock requires you to provide a breath test every time you start your vehicle, and during the trip. A drink driving offender enters the ten step alcohol interlock program near the end of their license disqualification period. How do I stay below the limit? It is safest not to drink alcohol at all if you are going to drive.Do not drive if there is any doubt about your BAC. Make alternative arrangements: call a taxi, get a lift with someone who has not been drinking or stay overnight. Plan how you will get home before you start drinking.

What’s the difference between suspension and cancellation? • Suspension – you cannot drive for a specific period. Once the suspension period has finished your license or permit becomes valid again. • Cancellation – you cannot drive for a specific period. When completed, you must attend a Vic Roads Customer Service Centre and reapply for your license or permit. • The reissue of a license or permit cancelled for a drink driving offence is not automatic. You may need to complete a drink driving education course, and may be required to complete at least two assessments for alcohol problems. You may also have to attend the Magistrates' Court to argue the case for the reissue of your license or permit.

When Vic Roads suspends a driver license or learner permit due to the driver accumulating 12 or more demerit points within any 3 year period, or in the case of a probationary or learner driver, 5 demerit points in a 12 month period or 12 or more demerit points in a 3 year period, it does so under section (3D) (b) of the Road Safety Act 1986.As the driver license or learner permit holder, you may appeal under Section 26AA of the Road Safety Act 1986, to the Magistrates' Court against the decision to suspend the driver license or learner permit.

Grounds of Appeal • There are only two grounds of appeal. They are: • that Vic Roads has recorded the demerit points incorrectly, or • If an error has been made in the addition of the number of demerit points incurred by you in the relevant period. • If your appeal is not limited to the two grounds of appeal listed above, your appeal will be opposed at the Magistrates' Court and costs will be sought by Vic Roads for the preparations involved and the legal representations. The amount will be determined by the Magistrate. It is a matter for you to decide whether you require legal advice or representation in Court. Note: The fact that you need your driver license to attend work or family commitments is NOT a sufficient ground for appeal.

Drug driving • Drug driving is a major contributor to road fatalities in Victoria. Police conduct random roadside screening tests. There are strong penalties for those caught driving while affected by drugs. What’s the law?It is illegal to drive with an illicit drug, such as cannabis, ecstasy, ice or speed in your system.It is also illegal to drive while impaired by any drug, whether that drug is legal or illegal (defenses may apply for prescription drugs - seek legal advice).Drug driving offences are not limited to public roads. They can be committed on private property.It’s also an offence to: • refuse to provide a saliva sample, or to stop at a Random Drug Test station • be affected by drugs while accompanying a learner driver • drive under the influence of drugs • Refuse to undergo an assessment for drug impairment or to provide blood/urine samples when requested.

What is saliva testing? • Roadside screening for illicit drugs is conducted using a saliva sample. A driver provides a sample by placing an absorbent collector in their mouth or touching it with their tongue. The test takes around five minutes. Drivers who return a positive roadside screening test will require further tests. Before any enforcement action can be taken, the screening saliva sample must be confirmed by laboratory testing. • Roadside drug screening penaltiesfor a first offence, you may be issued an infringement notice or taken to court. If you receive an infringement notice and do not agree with it, you have a time period during which you can choose to go to court. If the court finds you guilty, the penalties may be harsher.

Penalties for roadside drug screening offences on and after 12 December 2010 In 2012 - 2013, one penalty unit is $140.84. Refer to the Office of the Chief Parliamentary Counsel for the yearly value of penalty units.

Driving while impaired by a drug • this offence involves a first assessment of physical factors such as your behavior, balance and coordination. If this assessment indicates that you may be damaged by a drug, you will be required to provide blood and/or urine samples. Penalties for driving while impaired by a drug

Other penalties & requirements • Refusal offencesharsher penalties apply if you refuse to provide a sample or cooperate with testing requirements. Immediate suspensionthe police have the power to immediately suspend your license or learner permit once they charge you with certain drug driving offences. The suspension continues until the charges have been decided at court. • Demerit point offences • A person who gains any of the offences below (or the equivalent offence federal), will have the appropriate number of demerit points allocated to his/her driver license or learner permit. For a complete list of demerit point offences, refer to Schedule 3 of Road Safety (Drivers) Regulations 2009.

Demerit points • Demerit points are one type of penalty that you can be given when you commit a traffic offence. You can be given demerit points for a traffic offence committed anywhere in Australia. The demerit points are recorded against your driver license or learner permits (Ls). If you continue to offend and accrue too many points, you may lose your license or learner permit.Why have demerit points?If you continually commit traffic offences you are at risk of being involved in a crash, putting your safety and the safety of others at risk. Demerit points are designed to encourage you to be more careful and to change your driving behavior. Demerit points should be treated as a good behavior bond - they have no effect if you drive carefully and don’t re-offend, but if you continue to offend and exceed your demerit point limit (see table below), you may lose your license or learner permit. • How many points are too many?The number of demerit points you gain will vary depending on the offence - see the list of demerit points for common traffic offences for details.

There are limits on the number of points you can accumulate, depending on the type of license you hold - see table below. What if you receive demerit points or other penalties and you weren’t driving? When you are sent a Traffic Infringement Notice you must either pay the penalty or nominate the actual driver at the time of the offence. If you pay the penalty it is assumed that you were the driver and the demerit points are recorded against you. It is important that you notify Vic Roads within 14 days when you buy a vehicle to minimize the risk of incurring someone else’s demerit points.

Crash responsibilities • The rules outlined below are an overview; please refer to the rule references for more details. • If, as the driver of a motor vehicle, you are involved in a crash causing death or injury and do not stop and give assistance, you can be fined over $140,000 and/or be imprisoned for up to 10 years. You will also lose your license for at least two years. • If you are involved in a crash you must do the following: • Stop immediately. • Give assistance to any injured person. • Provide your name, address, registration number details and the vehicle owner’s name to the other parties involved in the crash, or their representative, and to the police (if in attendance). • If anyone is injured and the police are not in attendance, you must report the crash to the nearest open police station. • If there is any property damage and the owner (or Police) is not present, you must report the crash to the nearest open police station. • There are also rules and penalties that cover drivers of non motor vehicles

Truck Zone- Only for trucks with a gross vehicle mass over 4.5 tons.Bus Zone - Only for public buses.Permit Zone - Only for vehicles displaying a valid permit for that zone issued by the relevant authority.Taxi Zone - Only for taxisWorks Zone - Only for vehicles engaged in construction work in or near the zone. • Opening vehicle doorsDrivers and passengers must not cause a hazard to any person or vehicle by opening a door of a vehicle, leaving a door of a vehicle open, or exiting a vehicle. Drivers and passengers should check for others, including bike riders and motorcyclists, before opening their car door. They should look behind before opening their car door, use mirrors and check over their shoulder.

1645 صممت اول عجلة بواسطة جين تيسون • عام 1717 بواسطة كاريل فان ثم تم تطويرها بواسطة فينس جوهانسن الذي استخدم الخيول كوسيلة لجر العربة • 1739 تم انشاء المركبة و هيكلها الكامل بواسطة مكمالين و كانت عبارة عن صندوق حديدي الشكل و اطار خشبي و عجلات خشبية . • تم اختراع اول سيارة ذات مقود و التي هي كانت فكرة في الجيش الفرنسي بواسطة نيكولاس جوزيف عام 1769. • اول حادثة لمركبة ذات محرك بخاري حدثت عام 1771 و بشهود عيان • و خلال عام 1899 وقعت اول حادثة مروعة ادت الى قتل السائق و مالك المركبة ثم بعد ذلك اهتم العالم بمقاييس سلامة الطريق • اول لوحة تسجيل تم تثبيتها بواسطة شرطة المرور الفرنسية عام 1893 • اول تشريع قانون مرور شرع في بريطانيا و سموه تشريع قانون المركبات البريطاني و هذا ايضا كان يسمى قانون العلم الاحمر و ذلك عام 1885 • لكن لم يكن هناك اختبار للسياقة للحصول على رخصة السوق ولكن العملية كانت عبارة عن املاء استمارة و دفع الاجور المطلوبة في مكاتب البريد .لكن هذا القانون جعل مخاطر السياقة واردة الوقوع . • اول اشارة مرور ضوئية بالعالم في العالم نصبت في دترويت في الولايات المتحدة الامريكية و كان ذالك 1919 • اول محطة وقود نصبت في العالم في كانت في امريكا عام 1906 • اول حادثة مرور حدثت عام 1771 في باريس عن طريق مركبة ذات محرك بخاري اصطدمت بجدار سياج المطل على حديقة باريس ارسنال . • اول اشارة عبور مشاة تم تشيدها في بريطانيا عام 1934 • اول طريق ترابي تم تعبيده كان ذلك عام 1902

penalties for drink & drug driving/Demerit point offences