2. | Act No. 93 of 1996 | National Road TrafficAct, 1996 | (a)The Index to the Act is amended by—(i)the substitution for the heading to Chapter XI of the following heading:“RECKLESS OR NEGLIGENT DRIVING, INCONSIDERATE DRIVING, DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, THC OR A DRUG HAVING A NARCOTIC EFFECT, AND MISCELLANEOUS OFFENCES”; and(ii)the substitution for item 65 of Chapter XI of the following item:“Driving or occupying driver’s seat while under the influence of intoxicating liquor [or], a drug having narcotic effect or THC, or with excessive amount of alcohol or THC or a drug having a narcotic effect in blood or breath”;(b)The insertion in section 1—(i)after the definition of "driving licence testing centre" of the following definition:“' drug having a narcotic effect’ means any substance or a combination of substances that have an impairing effect on a person’s ability to control his or her actions, but excludes THC;”; and(ii)after the definition of “testing station" of the following definition:"‘THC’ means any substance contaming (-)-trans-delta-9-tetrahydrocannabinol;”.(c)The amendment of section 15 by the substitution in subsection (1) for paragraph (g) of the following paragraph:"(g) if he or she is addicted to the use of any drug having a narcotic effect, or the excessive use of intoxicating liquor or THC; or”.(d)The amendment of section 61 by the substitution in subsection (1) for paragraph (g) of the following paragraph:"(g) not, except on the instructions of or when administered by a medical practitioner in the case of injury or shock, take any intoxicating liquor, THC,or drug having a narcotic effect unless he or she has complied with the provisions of paragraph (f), where it is his or her duty to do so, and has been examined by a medical practitioner if such examination is required by a traffic officer,”.(e)The amendment of section 65 by—(i)the substitution for the heading to that section of the following heading:“Driving or occupying driver’s seat while under the influence of intoxicating liquor [or] , a drug having narcotic effect or THC, or with excessive amount of alcohol or THC or a drug having a narcotic effect in blood or breath”;(ii)the substitution for subsections (1), (2) and (3) of the following subsections, respectively:“(1)No person shall on a public road—(b)occupy the driver’s seat of a motor vehicle the engine of which is running,while under the influence of intoxicating liquor , THC or a drug having a narcotic effect or any combination thereof.(2)No person shall on a public road—(b)occupy the driver’s seat of a motor vehicle the engine of which is running,while the concentration of—(iii)a drug having a narcotic effect; or(iv)any combination of (i), (ii) and (iii),in any specimen of blood taken from any part of his or her body is not less than [0,05 gram per 100 millilitres, or in the case of a professional driver referred to in section 32, not less than 0,02 gram per 100 millilitres] the concentration of alcohol, THC or a drug having a narcotic effect or a combination thereof specified in subsection (10).(3)For purposes of subsection (2) or subsection (5)(a) or (b)(ii), [I]if, in any prosecution for an alleged contravention of a provision of [subsection (2)] those subsections, it is proved that the concentration of alcohol, THC or other drug having a narcotic effect or a combination thereof, in any specimen of blood taken from any part of the body of the person concerned was not less than [0,05 gram per 100 millilitres] the concentration specified in subsection (10) or (11), respectively, at any time within two hours after the alleged contravention, it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than [0,05 gram per 100 millilitres at the time of the alleged contravention, or in the case of a professional driver referred to in section 32, not less than 0,02 gram per 100 millilitres it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than 0,02 gram per 100 millilitres] the concentrations specified in those subsections, respectively, at the time of the alleged contravention.”;(iii)the substitution for subsections (5) and (6) of the following subsections respectively:“(5)No person shall on a public road—(b)occupy the driver’s seat of a motor vehicle, the engine of which is running,while the concentration—(i)of alcohol in any specimen of breath exhaled by such person is not less than [0,24 milligrams per 1 000 millilitres, or in the case of a professional driver referred to in section 32, not less than 0,10 milligrams per 1000 millilitres] the concentration specified in subsection (11); or(ii)of alcohol in any specimen of breath exhaled by such person in combination with THC or drug having a narcotic effect in any specimen of blood taken from any part of the body of the person is not less than the concentration specified in subsection (11).(6)If, in any prosecution for a contravention of a provision of subsection (5), it is proved that the concentration of alcohol in any specimen of breath of the person concerned [was not less than 0,24 milligrams per 1 000 millilitres of breath] taken at any time within two hours after the alleged contravention was not less than the concentration specified in subsection (11), it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than [0,24 milligrams per 1 000 millilitres at the time of the alleged contravention, or in the case of a professional driver referred to in section 32, not less than 0,10 milligrams per 1000 millilitres, it shall be presumed, in the absence of evidence to the contrary, that such concentration was not less than 0,10 milligrams per 1 000 millilitres] the concentration specified in subsection (11) at the time of the alleged contravention.”;(iv)the substitution for subsection (8) of the following subsection:“(8) Except on the instruction of or when administered by a medical practitioner, no person detained for an alleged contravention of any provision of this section shall during his or her detention consume any alcohol, THC or a drug having a narcotic effect, nicotine, or any medication until the specimen referred to in subsection (3) or (6) has been taken.”; and(v)the addition of the following subsections after subsection (9):(10)(a)Where a person is a professional driver referred to in section 32—(i)a concentration of less than a concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood;(ii)a concentration of less than—(aa)0,02 gram alcohol per 100 millilitres of blood;(bb)200 nanograms THC per 100 milliliters of blood; or(cc)0,01 gram alcohol and 100 nanograms THC per 100 millilitres of blood, without any detectable concentration of a drug having a narcotic effect, as may be prescribed; or(iii)a concentration of less than—(aa)0,01 gram alcohol and any concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood; or(bb)100 nanograms THC and any concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood.(b)Where a person is not a professional driver—(i)a concentration of less than a concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood;(ii)a concentration of less than—(aa)0,05 gram alcohol per 100 millilitres of blood;(bb)500 nanograms THC per 100 millilitres of blood; or(cc)0,025 gram alcohol and 250 nanograms THC per 100 millilitres of blood, without any detectable concentration of a drug having a narcotic effect, as may be prescribed; or(iii)a concentration of less than—(aa)0,025 gram alcohol and any concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood; or(bb)250 nanograms THC and any concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood.(11)(a)Where a person is a professional driver referred to in section 32—(i)a concentration of less than—(aa)0,10 milligrams alcohol per 1000 millilitres of breath; or(bb)0,5 milligrams alcohol per 1000 millilitres of breath and 100 nanograms THC per 100 millilitres of blood, without any detectable concentration of a drug having a narcotic effect, as may be prescribed; or(ii)a concentration of less than U,5 milligrams alcohol per 1000 millilitres of breath and any concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood.(b)Where a person is not a professional driver—(i)a concentration of less than—(aa)0,24 milligrams alcohol per 1000 millilitres of breath; or(bb)0,12 milligrams alcohol per 1000 millilitres of breath and 250 nanograms THC per 100 millilitres of blood, without any detectable concentration of a drug having a narcotic effect, as may be prescribed; or(ii)a concentration of less than 0,12 milligrams alcohol per 1000 millilitres of breath and any concentration of a drug having a narcotic effect, as may be prescribed, per 100 millilitres of blood.(f)The amendment of section 75 by the insertion after subsection (1) of the following subsection:“(1A) The Minister may, in consultation with the Cabinet member responsible for health, prescribe any drug or category or class of such drugs having a narcotic effect and the concentration thereof for purposes of section 65(10) or (11).”. |