DRAFT FOR CONSULTATION

Transcription

1 DRAFT FOR CONSULTATION Member s Bill Explanatory note General policy statement The purpose of this Bill is to repeal the low-level alcohol limit imposed in December 014. Since the alcohol breath and blood levels were lowered, the number of drink driving accidents have increased. There has been a 6% increase in charges, 40% increase in convictions, and a continued increase in fatalities involving drink driving in New Zealand. Lowering the level of both breath and blood alcohol levels has not achieved what it was meant to achieve. It has not reduced the rate of drink driving deaths on our roads. The low-level alcohol limits target the wrong people. The over-zealous restrictive limits only serve to punish responsible, law-abiding Kiwis and is specifically impacting our rural communities. It only serves to divert our limited police resources from where they are more effective and needed the most. This amendment Bill will repeal the 50mcg lower breath alcohol limit and 50mg blood alcohol limit. This will mean the threshold for criminal conviction will be 400mcg per litre of breath and 80mg per 100 millilitres of blood. Zero limit tolerance for under 0s will remain. Clause 1 is the Title clause. Clause by clause analysis Clause relates to commencement and provides for the Bill to come into force months after the date on which it receives the Royal assent. Clause provides that this Bill amends the Land Transport Act 1998 (the principal Act).

2 Explanatory note Clause 4 amends the definition of positive in section of the principal Act to align it with the revised breath-alcohol limit provided for in this Bill. Clause 5 amends section 11 of the principal Act, which provides that drivers must not exceed specified breath-alcohol and blood-alcohol limits. The amendments increase the legal breath-alcohol limit from 50 to 400 micrograms of alcohol per litre of breath, and the blood alcohol limit from 50 to 80 milligrams of alcohol per 100 millilitres of blood. Clause 6 amends section 56 of the principal Act, which establishes offences for driving in contravention of specified breath-alcohol and blood-alcohol limits. The amendments repeal infringement offences relating to driving or attempting to drive a motor vehicle with a breath-alcohol or blood-alcohol concentration that is between the existing lower limits and the increased limit introduced by clause 5. Clause 7 amends section 57AA of the principal Act, which relates to the contravention of specified breath or blood alcohol limits by holders of alcohol interlock licences or zero alcohol licences, to align it with the revised limits provided for in this Bill. Clause 8 amends section 64 of the principal Act, which relates to the defences available in respect of certain offences against the principal Act, to align it with the revised limits provided for in this Bill. Clause 9 amends section 67 of the principal Act, which relates to liability to pay a blood test fee, to repeal section 67(1A). Clause 10 amends section 69 of the principal Act, which specifies who must undergo evidential breath tests, to align it with the revised breath-alcohol limit provided for in this Bill and to repeal a reference to an infringement offence repealed by clause 6. Clause 11 amends section 70A of the principal Act, which deals with a person s right to elect a blood test, to delete a restriction on the right to elect a blood test if the result of the person s breath alcohol test indicated a proportion of alcohol in the range of 51 to 400 micrograms of alcohol per litre of breath. Clause 1 amends section 7 of the principal Act, which specifies who must give blood specimens at places other than a hospital or a surgery, to reflect the deletion of the restriction on the right to elect a blood test provided for in clause 11. Clause 1 amends section 77 of the principal Act, which establishes certain presumptions relating to alcohol-testing, to repeal section 77(B). Clause 14 amends section 79 of the principal Act, which relates to the circumstances in which a certificate is not admissible in proceedings, to align it with the revised blood-alcohol limit provided for in this Bill. Clause 15 makes consequential amendments to Land Transport (Offences and Penalties) Regulations 1999 to delete the penalties that relate to the infringement offences repealed by clause 6.

3 Darroch Ball Member s Bill Contents Page 1 Title Commencement Principal Act 4 Section amended (Interpretation) 5 Section 11 amended (Drivers not to exceed specified alcohol limits) 6 Section 56 amended (Contravention of specified breath or bloodalcohol limit) 7 Section 57AA amended (Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence) 8 Section 64 amended (Defences) 9 Section 67 amended (Blood test fee) 10 Section 69 amended (Who must undergo evidential breath test) 11 Section 70A amended (Right to elect blood test) 1 Section 7 amended (Who must give blood specimen at places other than hospital or surgery) 1 Section 77 amended (Presumptions relating to alcohol-testing) 14 Section 79 amended (Circumstances in which certificate not admissible in proceedings) 15 Consequential amendments to Land Transport (Offences and Penalties) Regulations

4 cl 1 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Limits) Amendment Act 018. Commencement This Act comes into force on the day that is months after the date on which it receives the Royal assent. Principal Act This Act amends the Land Transport Act 1998 (the principal Act). 4 Section amended (Interpretation) In section (1), definition of positive, paragraph (c), replace 50 with Section 11 amended (Drivers not to exceed specified alcohol limits) (1) In section 11(a), replace 50 with 400. () In section 11(b), replace 50 with Section 56 amended (Contravention of specified breath or blood-alcohol limit) Repeal section 56(1A), (A) and (B). 7 Section 57AA amended (Contravention of specified breath or blood alcohol limit by holder of alcohol interlock licence or zero alcohol licence) (1) In section 57AA(1), replace 50 with 400. () In section 57AA(), replace 50 with 80. () In section 57AA(4), replace 50 with 400. (4) In section 57AA(5), replace 50 with Section 64 amended (Defences) (1) In section 64()(a)(iii), replace 50 with 400. () In section 64()(b)(iii), replace 50 with Section 67 amended (Blood test fee) Repeal section 67(1A). 10 Section 69 amended (Who must undergo evidential breath test) (1) In section 69(1)(ab), replace 50 with 400. () In section 69(4A), repeal paragraph (c).

5 cl Section 70A amended (Right to elect blood test) Repeal section 70A() and (). 1 Section 7 amended (Who must give blood specimen at places other than hospital or surgery) Repeal section 7(1AA). 1 Section 77 amended (Presumptions relating to alcohol-testing) (1) In section 77(), replace subsections (B) and (4) with subsection (4). () Repeal section 77(B). 14 Section 79 amended (Circumstances in which certificate not admissible in proceedings) In section 79(4)(c)(ii), replace 50 with Consequential amendments to Land Transport (Offences and Penalties) Regulations 1999 (1) This section amends the Land Transport (Offences and Penalties) Regulations 1999 (SR 1999/99). () In Schedule 1, delete the items relating to section 56(1A), (A) and (B) of the Land Transport Act () In Schedule, Part 1, delete the items relating to section 56(1A), (A) and (B) of the Land Transport Act 1998.