Document ID: chunk:federal_register_of_legislation:F2016C00656:clause:1_4g
Version: federal_register_of_legislation:F2016C00656
Segment Type: clause
Provision Reference: sch 1 cl 4G
Character Range: 18045–19604

4G  Meaning of qualified, fit or authorised to drive or to run an engine
 (1) For the purposes of this Act, a person is qualified to drive a vehicle (or to run its engine) if he or she:
 (a) holds a driver licence of the appropriate class to drive the vehicle, 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 the vehicle at the relevant time.
 (2) For the purposes of this Act, a person is fit to drive a vehicle (or to run its engine) if he or she:
 (a) is apparently physically and mentally fit to drive the vehicle; and
 (b) (without limiting the above) is not apparently affected by either or both:
 (i) alcohol; or
 (ii) any drug that affects his or her fitness to drive; and
 (c) is not at the time found to have a concentration of alcohol in his or her blood that exceeds the amount permitted by a law of {this jurisdiction}; and
 (d) is not at the time found to have a concentration of a drug that affects his or her fitness to drive in his or her blood or oral fluid that exceeds the amount permitted by a law of {this jurisdiction}.
 (3) For the purposes of this Act, a person is authorised:
 (a) to drive a vehicle if he or she is its operator or has the authority of the operator to drive it; or
 (b) to run the engine of a vehicle if he or she is its operator or has the authority of the operator to drive the vehicle or to run the engine;
regardless of whether or not he or she is qualified to drive the vehicle (or to run its engine).