Land Transport Amendment Bill (No 4) 164-3 (2007), Government Bill

  • enacted
7B Person in charge of motor vehicle causing injury or death
  • Section 61 is amended by repealing subsection (2) and substituting the following subsections:

    • (2) A person commits an indictable offence if the person is in charge of a motor vehicle and causes bodily injury to, or the death of, a person—

      • while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle; or

      • if the blood of the person in charge, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.

    • (2A) To avoid doubt, subsection (2)(b) does not limit subsection (2)(a).