Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_23
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 23
Character Range: 64464–65888

23  Meaning of qualified, fit or authorised to drive or run engine
 (1) For the purposes of this Part, a person is qualified to drive a vehicle or combination (or to run its engine) if the person:
 (a) holds a driver licence of the appropriate class to drive it and the driver licence is not suspended; and
 (b) is not prevented by or under a law (including, for example, by the conditions of the licence) from driving it at the relevant time.
 (2) For the purposes of this Part, a person is fit to drive a vehicle or combination (or to run its engine) if the person:
 (a) is apparently physically and mentally fit to drive the vehicle or combination; and
 (b) (without limiting the above) is not apparently affected by:
 (i) alcohol; or
 (ii) any drug that affects the person's fitness to drive;
  or both; and
 (c) is not at the time found to have a concentration of alcohol in the person's blood that exceeds the amount permitted by a road law.
 (3) For the purposes of this Part, a person is authorised:
 (a) to drive a vehicle or combination if the person is its operator or has the authority of the operator to drive it; or
 (b) to run the engine of a vehicle or combination if the person is its operator or has the authority of the operator to drive it or to run the engine;
regardless of whether or not the person is qualified to drive the vehicle or combination (or run its engine) as mentioned in subsection (1).