Division 1(cf Traffic Act, s 4E (1)–(1C))
(1) In this Part:driver licence means the following:
(a) a licence issued under a law in force in a State or internal Territory authorising the holder to drive one or more classes of motor vehicle on a road or road related area,(b) a driver licence receipt for a licence referred to in paragraph (a),(c) a foreign driver licence.learner driver, in relation to a motor vehicle, means:
(a) a person who holds a learner licence of a class of motor vehicles that includes the motor vehicle, or(b) a person who is learning to drive the motor vehicle in circumstances where:(i) the person holds a driver licence of a class of motor vehicles that does not include the motor vehicle, and(ii) the person is permitted under the regulations to learn to drive the motor vehicle despite not having a driver licence for motor vehicles of that class.learner licence means the following:
(a) a learner licence within the meaning of the Road Transport (Driver Licensing) Act 1998 or a driver licence receipt for such a licence,(b) a foreign driver licence that has the same or similar effect as a licence referred to in paragraph (a).novice driver, in relation to a motor vehicle, means:
(a) a person who is the holder of a learner licence or a provisional licence of a class that includes the motor vehicle, or(b) a person who is not authorised to drive the motor vehicle in New South Wales because the person (in New South Wales or elsewhere) has had his or her application for a learner licence or provisional licence of a class that includes the motor vehicle refused, or(c) a person who is not authorised to drive the motor vehicle in New South Wales because the person (in New South Wales or elsewhere) has ceased to hold a learner licence or provisional licence of a class that includes the motor vehicle as a result of:(i) the cancellation or suspension of the licence, or(ii) the disqualification of the person from holding a driver licence, or(iii) the expiry of the licence, or(d) a person who is not authorised to drive the motor vehicle in New South Wales because the person (in New South Wales or elsewhere) has never obtained a driver licence for any class of motor vehicle.provisional licence means the following:
(a) a provisional P1 licence or a provisional P2 licence,(b) a licence issued under a law in force in a State or internal Territory, or a foreign driver licence, that has the same or similar effect as a licence referred to in paragraph (a) or is prescribed by the regulations as an equivalent licence for the purposes of this definition,(c) a driver licence receipt for a licence referred to in paragraph (a) or for a State or internal Territory licence referred to in paragraph (b).(2) (Repealed)(3) For the purposes of this Part, a person is a special category driver in respect of a motor vehicle:(a) if the person is the holder of a learner licence or a provisional licence for motor vehicles of a class that includes that motor vehicle, or(b) if the person is not authorised to drive that motor vehicle in New South Wales because:(i) the person (in New South Wales or elsewhere) has had his or her application for a relevant driver licence or authority refused, or(ii) the person (in New South Wales or elsewhere) has ceased to hold a relevant driver licence or authority as a result of the cancellation or suspension of the licence or authority, or(iii) the person (in New South Wales or elsewhere) has ceased to hold a relevant driver licence or authority as a result of the expiry of the licence or authority (being a licence or authority that has been expired for a period of more than 6 months), or(iv) the person (in New South Wales or elsewhere) has been disqualified from driving, or(v) the person has never obtained a relevant driver licence or authority, or(c), (d) (Repealed)(e) if that motor vehicle is being driven for hire or reward, or in the course of any trade or business, as a public passenger vehicle within the meaning of the Passenger Transport Act 1990, or(f) if that motor vehicle is a coach or heavy motor vehicle, or(g) if that motor vehicle (or any trailer being towed by the motor vehicle):(i) is required, because it carries dangerous goods within the meaning of the Dangerous Goods (Road and Rail Transport) Act 2008, to have a sign exhibited on it by regulations under either Act, or under any code prescribed for the purposes of this paragraph by regulations under this Act, or(ii) carries any radioactive substance within the meaning of the Radiation Control Act 1990.(4) For the purposes of this Part, a person is a special category supervisor in respect of a motor vehicle if, were the person driving the motor vehicle, the person would be a special category driver in respect of the motor vehicle.
8A Prescribed concentrations of alcohol
In this Part:(a) novice range prescribed concentration of alcohol means a concentration of more than zero grammes, but less than 0.02 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and(b) special range prescribed concentration of alcohol means a concentration of 0.02 grammes or more, but less than 0.05 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and(c) low range prescribed concentration of alcohol means a concentration of 0.05 grammes or more, but less than 0.08 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and(d) middle range prescribed concentration of alcohol means a concentration of 0.08 grammes or more, but less than 0.15 grammes, of alcohol in 210 litres of breath or 100 millilitres of blood, and(e) high range prescribed concentration of alcohol means a concentration of 0.15 grammes or more of alcohol in 210 litres of breath or 100 millilitres of blood.
8B Measurement of alcohol concentrations
(1) For the purposes of this Part, the concentration of alcohol present in a person’s breath or blood may be expressed as follows:(a) in the case of a sample of breath that is measured by a breath analysing instrument or other breath testing device that provides a reading or result by reference to alcohol present in the breath—the amount of alcohol in grammes in 210 litres of breath,(b) in the case of a sample of breath that is measured by a breath analysing instrument or other breath testing device that provides a reading or result by reference to alcohol present in the blood—the amount of alcohol in grammes in 100 millilitres of blood,(c) in the case of a sample of blood—the amount of alcohol in grammes in 100 millilitres of blood.(2) An amount of alcohol in grammes present in breath when measured by reference to 210 litres of breath is equivalent to the same amount of alcohol in grammes present in blood when measured by reference to 100 millilitres of blood.(3) Accordingly, any offence under this Part relating to the presence of a specified concentration of alcohol in a person’s breath or blood at the time of the occurrence of a particular event is a single offence regardless of whether the concentration of alcohol concerned is measured by reference to the amount of alcohol present in breath or in blood (or both).