Mandatory disqualification and assessment for repeat offences

Heading: replaced, on 1 July 2018, by section 24 of the Land Transport Amendment Act 2017 (2017 No 34).

65 Mandatory disqualification and assessment for repeat offences

(1)

This section applies to offences against any of sections 56 to 62.

(2)

A court must make an order requiring a person to attend an assessment centre and disqualifying the person from holding or obtaining a driver licence until the Agency removes that disqualification under section 100 if—

(a)

the court convicts that person of a second or subsequent offence against any of sections 56 to 62; and

(b)

the previous offence was committed within 5 years of the date of the commission of the offence being dealt with by the court.

(3)

Despite subsection (2), the court may not make an order referred to in subsection (2) unless at least 1 of the offences was—

(a)

an offence to which this section applies where either—

(i)

the proportion of alcohol in the person’s breath, as ascertained by an evidential breath test, exceeded 1 000 micrograms of alcohol per litre of breath; or

(ii)

the proportion of alcohol in the person’s blood, as ascertained from an analysis of a blood specimen, exceeded 200 milligrams of alcohol per 100 millilitres of blood; or

(b)

an offence against section 59 or section 60 (which relate to failing to remain or to accompany or to permit a blood specimen to be taken for the purposes of the administration of breath tests and blood tests).

(3A)

The mandatory disqualification in subsection (2) is replaced by any alcohol interlock sentence ordered under section 65AC(1) (whether or not the alcohol interlock sentence is ordered at the same time as, or after, the order made under subsection (2)).

(4)

The court must make an order that requires a person to attend an assessment centre and that disqualifies that person from holding or obtaining a driver licence until the Agency removes that disqualification under section 100 if—

(a)

the court convicts that person of a third or subsequent offence to which this section applies; and

(b)

the 2 or more previous offences were committed within 5 years of the date of the commission of the offence being dealt with by the court.

(4A)

The mandatory disqualification in subsection (4) is replaced by any alcohol interlock sentence ordered under section 65AC(1) (whether or not the alcohol interlock sentence is ordered at the same time as, or after, the order made under subsection (4)).

(5)

For the purposes of this section, a conviction for an offence against a provision of the Transport Act 1962 corresponding to an offence to which this section applies is to be treated as a conviction for an offence specified in subsection (1).

Compare: 1962 No 135 s 30A

Section 65 heading: replaced, on 1 July 2018, by section 25(1) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 65(2): substituted, on 10 May 2011, by section 29(2) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 65(3): amended, on 10 May 2011, by section 29(3) of the Land Transport (Road Safety and Other Matters) Amendment Act 2011 (2011 No 13).

Section 65(3A): inserted, on 1 July 2018, by section 25(2) of the Land Transport Amendment Act 2017 (2017 No 34).

Section 65(4): substituted, on 16 January 2006, by section 36 of the Land Transport Amendment Act 2005 (2005 No 77).

Section 65(4): amended, on 1 August 2008, by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).

Section 65(4A): inserted, on 1 July 2018, by section 25(3) of the Land Transport Amendment Act 2017 (2017 No 34).