Originally Posted by
303gunner
Brought to my attention by 2 workmates who got busted (separately, different times, different places). 1 lost his job over it at the time because his then employer had a zero tolerance policy for drivers with DUI convictions. Neither were in heavy vehicles at the time and surprised that 0.02 applied while in a car (In fact, one who lost his job was done when HV limit was 0.00% BAC). Appealed it in court, convictions upheld.
It's not very clearly spelt out, but
Blood alcohol limits - Alcohol and driving - Alcohol and other drugs - Staying safe - NSW Centre for Road Safety says "drivers of vehicles over 13.9t GVM" (ie MR, HR, HC, MC licences) 0.02
"All other
LICENCES" 0.05
You do not need to be IN a heavy Vehicle at the time, just be a Heavy Vehicle licence holder. The limit is applicable to the Licence Class, not the type of vehicle.
PS, It looks like interstate Heavy Vehicle drivers are allowed 0.05, presumably because they have come a long way and could murder a cold one or two by now.
I don't know what happened in the case of your workmates, seems quite hard done by.
This is from the most recent NSW laws available here: Road Transport Act 2013 , the past may have been a different story.
NSW Act takes a little more interpreting than the VIC one I posted earlier but the outcome is the same.
"Special category driver" is where truck drivers fall into it with respect to 0.02 BAC
(2) Meaning of ?special category driver?
For the purposes of this Part, a person is a special category driver in respect of a motor vehicle if:
(a) the person holds an applicable learner licence or applicable provisional licence for motor vehicles of a class that includes the motor vehicle, or
b - c deleted, irrelevant
(d) the motor vehicle is a coach, or
(e) the motor vehicle is a motor vehicle that has a GVM exceeding 13.9 tonnes, or
Again all references to the motor vehicle being driven not the licence class held
110 Presence of prescribed concentration of alcohol in person?s breath or blood
(1) Offence?novice range prescribed concentration of alcohol Learner or P licence holder
A novice driver must not, while there is present in the driver?s breath or blood the novice range prescribed concentration of alcohol:
(a) drive the motor vehicle, or
(b) occupy the driving seat of the motor vehicle and attempt to put the motor vehicle in motion.
(2) Offence?special range prescribed concentration of alcohol instructors or truck drivers
A person must not, while there is present in the person?s breath or blood the special range prescribed concentration of alcohol:
(a) if the person is a special category driver in respect of a motor vehicle?drive the motor vehicle, or
(b) if the person is a special category driver in respect of a motor vehicle?occupy the driving seat of a motor vehicle and attempt to put the motor vehicle in motion, or
(c) if the person is a special category supervisor in respect of a motor vehicle and the holder of an applicable driver licence (other than an applicable provisional licence or applicable learner licence)?occupy the seat in a motor vehicle next to a learner driver who is driving the vehicle.
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