Transcript Document

Dr. Iamir Maloka
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Legal Disclaimer:
Please note: This information does not constitute legal advice and should not be
relied upon in this way. The information is correct at the time of publication. For
information specific to your situation contact a legal aid service in your state or
territory.
Definition
Blood alcohol concentration (BAC) refers to the amount of alcohol present in the
bloodstream.
A BAC of 0.05% (point 0 five) means that there is 0.05 grams of alcohol in every
100 milliliters of blood.
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The more a person drinks, the higher their BAC, however, two people who drink the
same amount of alcohol might register quite different BACs. This is due to a variety
of factors including body size, whether or not they have eaten recently, percentage
of body fat, whether they are male or female and whether or not they have drunk
before.
A smaller person will have a higher BAC than a larger person for the
same amount of alcohol consumed, because the alcohol is
concentrated in a smaller body mass.
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A person with an empty stomach will reach a higher BAC sooner than someone
who has just eaten a meal, because food in the stomach slows the rate at which
alcohol passes into the bloodstream. However, eating before drinking does not
prevent intoxication.
Alcohol is not absorbed into fatty tissue; therefore people with a
greater proportion of body fat will develop a high BAC more quickly
than those who have lower proportions of fatty tissue. This occurs
because the alcohol becomes concentrated in the smaller mass of
non-fatty tissue.
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Women's bodies, being usually smaller than those of men and with a
higher ratio of fatty tissue to lean muscle, will absorb alcohol more
quickly than men's bodies do. This means that a woman drinking the
same amount of alcohol as a man, will develop a high BAC more
quickly than the man will.
Less experienced drinkers have a lower
tolerance to alcohol and so their BAC is likely
to rise more quickly than it will in more
experienced drinkers.
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Alcohol is a major factor in road deaths in Victoria. Each year
about a quarter of drivers killed in road crashes have a blood
alcohol concentration (BAC) of .05 or more.
This section explains what Victoria's drink driving laws are,
the penalties and offences of drunk driving, and what
happens if you go to court.
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Truck, bus or taxi drivers (professional drivers), probationary and learner drivers, and
people who have previously committed drink driving offences must have a zero blood
alcohol concentration (BAC). All other drivers must stay under .05 BAC.
Drink driving offences are not limited to public roads. They can be committed on private
property.
Those caught driving with a BAC over the legal limit face heavy fines and loss of license
and, for the most serious offenders, possible detention.
It’s also an offence to:
drive under the influence of alcohol
refuse to provide a breath or blood sample or to stop at a booze bus (or Random Breath
Test station), or fail to cooperate when a breath or blood test is being conducted
be .05 BAC or over while accompanying a learner driver.
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Infringement notices are only issued for first offences. Traffic
infringement notices are not issued for subsequent drink driving
offences, or for drink driving offences with a BAC of .15 or above.
Charges are laid for the offence and the matter is dealt with at court.
For a first offence, the authorities can choose to issue you with an
infringement notice or take you to court.
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In 2012 - 2013, one penalty unit is $140.84. Refer to the Office of the
Chief Parliamentary Counsel for the yearly value of penalty units.
The penalties for drink driving traffic infringement notices are set out below:
BAC
Licence type
Fine
License action / points
Less than .05
Zero BAC license (e.g.
professional drivers, P 2.5 penalty units
license, L permit)
10 demerit points
.05 to less than .07
Zero BAC licence (e.g.
professional drivers, P
licence, L permit) and 3 penalty units
full licence (under 26
years)
Cancellation of
licence/permit and
disqualification for 6
months
.05 to less than .07
Full licence (26 years
or older)
3 penalty units
10 demerit points
All drivers
3 to 4.25 penalty
units
Cancellation of license/permit
and disqualification for 6-14
months depending on BAC
.07 to less than .15
.15 or above;
or for a subsequent
offence
All drivers
Traffic infringement notices
are not issued for BAC of .15
or above, or for subsequent
offences. Charges are laid for
the offence and the matter is
dealt with at court.
Attend Magistrates’
Court
(see notes below)
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Demerit points and novice drivers:
Learner and probationary drivers have a demerit point threshold
of five demerit points within a 12 month period (in addition to the
standard 12 point threshold within a three year period). This means
that an offence attracting 10 demerit points will result in an automatic
four month license suspension, unless the driver takes the ‘double or
nothing’ option and gains no more demerit points within the next 12
months.
Authorities have the power to immediately suspend your license or
learner permit in certain situations. Examples include learner or
probationary drivers with a BAC of .07 or more, full license holders
with a BAC of .10 or more, and repeat offenders. The length of
suspension depends on the circumstances - for example, it could
last until the charges have been decided at court.
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If you choose to have your case heard in court (or if the matter is
dealt with by charges instead of an infringement notice) and the court
finds you guilty, the court may fine you and cancel your license or
learner permit for up to six months (for offences with a BAC under
.05), or for at least six months (for offences where the BAC is at least
.05 but less than .07). For a BAC of .07 or more (.05 or more for
subsequent offences) the court must cancel your license or learner
permit for at least six months (first offence)/14 months (subsequent
offences).
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There are few defenses against drunk driving, so you should
obtain private legal advice if you intend to contest the
charges.
If found guilty, you will be fined and your license or learner
permit will probably be cancelled. The court can also decide
to record a conviction. You cannot drive again until you have
a valid license or learner permit.
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Depending on the offence and circumstances you may also have to:
complete a driver education program
obtain a License Restoration Order from the Magistrates' Court
before you can apply to Vic Roads to get your license or learner
permit back
Have a Z license condition forced when you are relicensed – this
restricts you to zero BAC for three years (or longer if you have an
alcohol interlock).
complete at least two assessments for alcohol problems
Have an alcohol interlock condition forced when you are relicensed.
This means that you will only be allowed to drive a vehicle fitted with
an interlock.
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In Victoria, an alcohol interlock is fitted to the car of drivers who
have been convicted of serious drink driving offences. An alcohol
interlock prevents a car starting if the driver has been
drinking. The interlock requires you to provide a breath test every
time you start your vehicle, and during the trip. A drink driving
offender enters the ten step alcohol interlock program near the
end of their license disqualification period.
It is safest not to drink alcohol at all if you are going to drive.
Do not drive if there is any doubt about your BAC. Make
alternative arrangements: call a taxi, get a lift with someone who
has not been drinking or stay overnight. Plan how you will get
home before you start drinking.
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Suspension – you cannot drive for a specific period. Once the suspension
period has finished your license or permit becomes valid again.
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Cancellation – you cannot drive for a specific period. When completed, you
must attend a Vic Roads Customer Service Centre and reapply for your
license or permit.
The reissue of a license or permit cancelled for a drink driving offence is not
automatic. You may need to complete a drink driving education course, and
may be required to complete at least two assessments for alcohol
problems. You may also have to attend the Magistrates' Court to argue the
case for the reissue of your license or permit.
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When Vic Roads suspends a driver license or learner permit
due to the driver accumulating 12 or more demerit points
within any 3 year period, or in the case of a probationary or
learner driver, 5 demerit points in a 12 month period or 12 or
more demerit points in a 3 year period, it does so under
section (3D) (b) of the Road Safety Act 1986.
As the driver license or learner permit holder, you may appeal
under Section 26AA of the Road Safety Act 1986, to the
Magistrates' Court against the decision to suspend the driver
license or learner permit.
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There are only two grounds of appeal. They are:
that Vic Roads has recorded the demerit points incorrectly, or
If an error has been made in the addition of the number of demerit
points incurred by you in the relevant period.
If your appeal is not limited to the two grounds of appeal listed
above, your appeal will be opposed at the Magistrates' Court and
costs will be sought by Vic Roads for the preparations involved and
the legal representations. The amount will be determined by the
Magistrate. It is a matter for you to decide whether you require legal
advice or representation in Court.
Note: The fact that you need your driver
license to attend work or family
commitments is NOT a sufficient ground
for appeal.
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Drug driving
Drug driving is a major contributor to road fatalities in Victoria. Police conduct
random roadside screening tests. There are strong penalties for those caught
driving while affected by drugs.
What’s the law?
It is illegal to drive with an illicit drug, such as cannabis, ecstasy, ice or speed in
your system.
It is also illegal to drive while impaired by any drug, whether that drug is legal or
illegal (defenses may apply for prescription drugs - seek legal advice).
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Drug driving offences are not limited to public roads. They can be committed on
private property.
It’s also an offence to:
refuse to provide a saliva sample, or to stop at a Random Drug Test station
be affected by drugs while accompanying a learner driver
drive under the influence of drugs
Refuse to undergo an assessment for drug impairment or to provide blood/urine
samples when requested.
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What is saliva testing?
Roadside screening for illicit drugs is conducted using a saliva
sample. A driver provides a sample by placing an absorbent
collector in their mouth or touching it with their tongue.
The test takes around five minutes. Drivers who return a positive
roadside screening test will require further tests. Before any
enforcement action can be taken, the screening saliva sample must
be confirmed by laboratory testing.
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Roadside drug screening penalties
for a first offence, you may be issued an infringement notice or
taken to court. If you receive an infringement notice and do not
agree with it, you have a time period during which you can choose
to go to court. If the court finds you guilty, the penalties may be
harsher.
Penalties for roadside drug screening offences on and after 12 December 2010
First offence - traffic infringement notice
First offence - court
Second offence - court
Subsequent offences - court
Three penalty units fine.
Conviction and three months licence/permit
suspension.
Up to 12 penalty units fine.
Minimum three months license/permit cancellation.
Court may record a conviction.
Up to 60 penalty units fine.
Minimum six months license/permit cancellation.
Court may record a conviction.
Up to 120 penalty units fine.
Minimum six months license/permit cancellation.
Court may record a conviction.
In 2012 - 2013, one penalty unit is $140.84. Refer to the Office of the Chief Parliamentary Counsel for the yearly value of
penalty units.
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this offence involves a first assessment of physical factors such as
your behavior, balance and coordination. If this assessment indicates
that you may be damaged by a drug, you will be required to provide
blood and/or urine samples.
Penalties for driving while impaired by a drug
First offence - court
Second offence – court
Third and subsequent offences - court
Immediate suspension.
Up to 12 penalty unit’s fine.
Minimum 12 months license/permit cancellation.
Court may record a conviction.
Immediate suspension.
Up to 120 penalty units fine or up to 12 months
imprisonment.
Minimum two years license/permit cancellation.
Court may record a conviction.
Immediate suspension.
Up to 180 penalty units fine or up to 18 months
imprisonment
Minimum two years license/permit cancellation.
Court may record a conviction.
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Refusal offences
harsher penalties apply if you refuse to provide a sample or cooperate with
testing requirements.
Immediate suspension
the police have the power to immediately suspend your license or learner
permit once they charge you with certain drug driving offences. The
suspension continues until the charges have been decided at court.
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Demerit point offences
A person who gains any of the offences below (or the equivalent offence
federal), will have the appropriate number of demerit points allocated to
his/her driver license or learner permit. For a complete list of demerit point
offences, refer to Schedule 3 of Road Safety (Drivers) Regulations 2009.
Common demerit point offences
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Drivers subject to zero Blood Alcohol
Content (BAC) with a BAC between
0.00% and .05%
Driver subject to .05% BAC with a BAC
between .05% and .07%
Driving under the influence of an
illicit drug
No. of points
10
Exceeding the speed limit by 45
km/h or more*
8
Exceeding the speed limit by 35
km/h or more but less than 45km/h*
6
Exceeding the speed limit by 25km/h
or more but less than 35km/h
Level crossing offences
4
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Exceeding the speed limit by 10km/h or more but less than 25km/h
Disobeying traffic lights, signs or police or authorized person directing traffic
Failing to give way, or stop, or remain stopped
Driving without wearing an approved helmet (motorcycle), or a properly adjusted and affixed seat belt, or
driving with an uncontrolled passenger under 16 or any passenger under 16 sharing the same seat as
another passenger
Driving on the wrong side of double lines or divided highway or painted island
Risk colliding with exiting, boarding or waiting tram passengers
Holder of motorcycle learner permit or license for less than 12 months riding a motorcycle that is not a
learner approved motorcycle or carrying a extra seat passenger
Driving a tiredness-regulated heavy vehicle while impaired by tiredness
Driving a tiredness-regulated heavy vehicle in breaking of maximum work requirement (severe risk
offence)
Driving a tiredness-regulated heavy vehicle in contravention of minimum rest requirement (severe risk
offence)
Careless driving^
Using a mobile phone illegally while driving
Driving with an hidden or improperly displayed number plate
Failure to display P plates
Probationary driver who drives a probationary illegal vehicle on a road
P1 probationary driver or corresponding novice driver driving a motor vehicle with more than one peer
passenger
Driving a motor vehicle while carrying more than one passenger in breach of a condition required by
Roads Safety (Drivers) Regulations 2009 - Reg 60(2)
Driving the wrong way on a one way service road
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Improper overtaking or passing
Turn or stop without signaling
Turn improperly
Fail to keep left
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o
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Exceed speed limit by less than 10km/h*
Fail to dip headlights
Driving at night without headlights and tail lights
on
Follow too closely
2
1
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Demerit points are one type of penalty that you can be given when you commit a traffic offence.
You can be given demerit points for a traffic offence committed anywhere in Australia.
The demerit points are recorded against your driver license or learner permits (Ls). If you continue
to offend and accrue too many points, you may lose your license or learner permit.
Why have demerit points?
If you continually commit traffic offences you are at risk of being involved in a crash, putting your
safety and the safety of others at risk. Demerit points are designed to encourage you to be more
careful and to change your driving behavior.
Demerit points should be treated as a good behavior bond - they have no effect if you drive
carefully and don’t re-offend, but if you continue to offend and exceed your demerit point limit (see
table below), you may lose your license or learner permit.
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How many points are too many?
The number of demerit points you gain will vary depending on the offence - see the list of demerit
points for common traffic offences for details.
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There are limits on the number of points you can accumulate, depending on the type of license you
hold - see table below.
License type
Details of demerit point limits
Full
If you get 12 or more demerit points in any three year
period, you may lose your license.
Learner permit, Probationary P1 or Probationary P2
license
If you get five or more demerit points in any 12 month
period or 12 or more demerit points in any three year
period, you may lose your license or learner permit.
What if you receive demerit points or other penalties and you weren’t driving?
When you are sent a Traffic Infringement Notice you must either pay the penalty or
nominate the actual driver at the time of the offence. If you pay the penalty it is
assumed that you were the driver and the demerit points are recorded against you.
It is important that you notify Vic Roads within 14 days when you buy a vehicle to
minimize the risk of incurring someone else’s demerit points.
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The rules outlined below are an overview; please refer to the rule references for more
details.
If, as the driver of a motor vehicle, you are involved in a crash causing death or injury
and do not stop and give assistance, you can be fined over $140,000 and/or be
imprisoned for up to 10 years. You will also lose your license for at least two years.
If you are involved in a crash you must do the following:
Stop immediately.
Give assistance to any injured person.
Provide your name, address, registration number details and the vehicle owner’s name
to the other parties involved in the crash, or their representative, and to the police (if in
attendance).
If anyone is injured and the police are not in attendance, you must report the crash to
the nearest open police station.
If there is any property damage and the owner (or Police) is not present, you must
report the crash to the nearest open police station.
There are also rules and penalties that cover drivers of non motor vehicles
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Truck Zone - Only for trucks with a gross vehicle mass over 4.5 tons.
Bus Zone - Only for public buses.
Permit Zone - Only for vehicles displaying a valid permit for that zone
issued by the relevant authority.
Taxi Zone - Only for taxis
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Works Zone - Only for vehicles engaged in construction work in or near
the zone.
Opening vehicle doors
Drivers and passengers must not cause a hazard to any person or
vehicle by opening a door of a vehicle, leaving a door of a vehicle open,
or exiting a vehicle.
Drivers and passengers should check for others, including bike riders and
motorcyclists, before opening their car door. They should look behind
before opening their car door, use mirrors and check over their shoulder.
‫صممت اول عجلة بواسطة جين تيسون ‪1645‬‬
‫عام ‪ 1717‬بواسطة كاريل فان ثم تم تطويرها بواسطة فينس جوهانسن الذي استخدم الخيول كوسيلة لجر العربة‬
‫تم انشاء المركبة و هيكلها الكامل بواسطة مكمالين و كانت عبارة عن صندوق حديدي الشكل و اطار ‪ 1739‬‬
‫‪ .‬خشبي و عجالت خشبية‬
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‫تم اختراع اول سيارة ذات مقود و التي هي كانت فكرة في الجيش الفرنسي بواسطة نيكوالس جوزيف عام‬
‫‪1769.‬‬
‫اول حادثة لمركبة ذات محرك بخاري حدثت عام ‪ 1771‬و بشهود عيان ‪‬‬
‫و خالل عام ‪ 1899‬وقعت اول حادثة مروعة ادت الى قتل السائق و مالك المركبة ثم بعد ذلك اهتم العالم بمقاييس‬
‫سالمة الطريق‬
‫اول لوحة تسجيل تم تثبيتها بواسطة شرطة المرور الفرنسية عام ‪ 1893‬‬
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‫اول تشريع قانون مرور شرع في بريطانيا و سموه تشريع قانون المركبات البريطاني و هذا ايضا كان يسمى‬
‫قانون العلم االحمر و ذلك عام ‪1885‬‬
‫لكن لم يكن هناك اختبار للسياقة للحصول على رخصة السوق ولكن العملية كانت عبارة عن امالء استمارة و دفع‬
‫‪ .‬االجور المطلوبة في مكاتب البريد ‪.‬لكن هذا القانون جعل مخاطر السياقة واردة الوقوع‬
‫اول اشارة مرور ضوئية بالعالم في العالم نصبت في دترويت في الواليات المتحدة االمريكية و كان ذالك ‪ 1919‬‬
‫اول محطة وقود نصبت في العالم في كانت في امريكا عام ‪ 1906‬‬
‫اول حادثة مرور حدثت عام ‪ 1771‬في باريس عن طريق مركبة ذات محرك بخاري اصطدمت بجدار سياج المطل‬
‫‪ .‬على حديقة باريس ارسنال‬
‫اول اشارة عبور مشاة تم تشيدها في بريطانيا عام ‪ 1934‬‬
‫اول طريق ترابي تم تعبيده كان ذلك عام ‪ 1902‬‬
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