P
Peter
Guest
Good to see someone understands the law. Although I don't see why the
judge in this case had to undertake "a very detailed examination" of
the TORUM Act. It's pretty obvious that the Blood Alcohol Content
requirements only apply to motor vehicle users. The law dates back to
the 1970s from my memory but there have been numerous cyclists charged
(and convicted) of riding with more than the prescribed BAC since then,
especially in Mackay. I know which vehicle I'll be taking to the staff
Xmas drinks this year.
The guy's main problem was pleading guilty. He should have made the
police prove he was under the influence. In the TORUM Act, a driver of a
motor vehicle is considered to be "under the influence" of alcohol if
they have a BAC of more than 0.15% (ie three times the lower limit). A
cyclist does not have to submit to a breath test so it is up to police
to find some other means of determining whether the rider is under the
influence.
I'm pretty sure the law applies to cyclists Australia wide. Would be
worth checking.
P
COURIER MAIL
Drunk cyclist gets car licence back
A CYCLIST who lost his driver's licence after refusing an alcohol breath
test has had it returned after a judge found a magistrate had no power
to disqualify him from driving a car.
Last August in the Mackay Magistrate's Court, Paul Francis Eveston
pleaded guilty riding a bicycle while under the influence of alcohol and
refusing to provide a breath specimen.
The court heard that, on July 13 last year, Eveston was riding his
bicycle along Landsdowne Rd in Mackay when he was pulled over by police
who suspected he had been drinking.
Police took Eveston to the Mackay police station where he refused to
provide a breath sample.
Eveston was put on two years' probation and disqualified from holding or
obtaining a driver's licence for nine months.
He appealed on the grounds the court did not have the power to
disqualify his driver's licence.
In a written judgment, which became available in Brisbane today, Judge
Kerry O'Brien agreed and set aside the disqualification.
After a very detailed examination of the Transport Operations (Road Use
Management) Act, Judge O'Brien noted there were two distinct sections -
one covering motor vehicles and the other bicycles and horses, etc.
Judge O'Brien found the section used to disqualify a car driver could
not be applied to a bicycle. "In the circumstances of this case the
(Magistrate's) Court had no power to order the appellant (Eveston)
should be disqualified from holding or obtaining a drivers licence," he
said.
Judge O'Brien allowed the appeal and set aside the disqualification.
Mark Oberhardt
June 06, 2008 09:53am
Article from: (http://www.news.com.au/couriermail/)
judge in this case had to undertake "a very detailed examination" of
the TORUM Act. It's pretty obvious that the Blood Alcohol Content
requirements only apply to motor vehicle users. The law dates back to
the 1970s from my memory but there have been numerous cyclists charged
(and convicted) of riding with more than the prescribed BAC since then,
especially in Mackay. I know which vehicle I'll be taking to the staff
Xmas drinks this year.
The guy's main problem was pleading guilty. He should have made the
police prove he was under the influence. In the TORUM Act, a driver of a
motor vehicle is considered to be "under the influence" of alcohol if
they have a BAC of more than 0.15% (ie three times the lower limit). A
cyclist does not have to submit to a breath test so it is up to police
to find some other means of determining whether the rider is under the
influence.
I'm pretty sure the law applies to cyclists Australia wide. Would be
worth checking.
P
COURIER MAIL
Drunk cyclist gets car licence back
A CYCLIST who lost his driver's licence after refusing an alcohol breath
test has had it returned after a judge found a magistrate had no power
to disqualify him from driving a car.
Last August in the Mackay Magistrate's Court, Paul Francis Eveston
pleaded guilty riding a bicycle while under the influence of alcohol and
refusing to provide a breath specimen.
The court heard that, on July 13 last year, Eveston was riding his
bicycle along Landsdowne Rd in Mackay when he was pulled over by police
who suspected he had been drinking.
Police took Eveston to the Mackay police station where he refused to
provide a breath sample.
Eveston was put on two years' probation and disqualified from holding or
obtaining a driver's licence for nine months.
He appealed on the grounds the court did not have the power to
disqualify his driver's licence.
In a written judgment, which became available in Brisbane today, Judge
Kerry O'Brien agreed and set aside the disqualification.
After a very detailed examination of the Transport Operations (Road Use
Management) Act, Judge O'Brien noted there were two distinct sections -
one covering motor vehicles and the other bicycles and horses, etc.
Judge O'Brien found the section used to disqualify a car driver could
not be applied to a bicycle. "In the circumstances of this case the
(Magistrate's) Court had no power to order the appellant (Eveston)
should be disqualified from holding or obtaining a drivers licence," he
said.
Judge O'Brien allowed the appeal and set aside the disqualification.
Mark Oberhardt
June 06, 2008 09:53am
Article from: (http://www.news.com.au/couriermail/)
