If you’re in charge of your very own fleet of cars and trucks, you’d better make sure that your drivers follow the law to the letter. This is because you, as the company owner, could be responsible if something goes wrong. Because of this, you had better be on top of drink driving regulations so you can advise your staff on how to keep out of legal difficulty. To help you out, the following is a brief rundown of the relevant laws so you can better take care of your company’s staff and image. The following rules are specific for NSW in Australia. If you’re not in this location, your company might be required to follow different guidelines.
Random Police Checks
At any time of day, the police have the power to pull a driver over and check their blood alcohol limit. While this is generally done during the night and on weekends, it is sometimes possible to spot a breathalyser unit in the day as well. If any of your drivers are tested, they will need to have a prescribed concentration of alcohol (PCA) of less than:
- 0.02 grams per 100 ml of blood if they have a special classification (including driving a heavy vehicle or carrying a dangerous load)
- 0.05 grams per 100 ml of blood if they are driving a standard automobile
If you have any learner or provisional drivers in your fleet, these individuals cannot drink alcohol at all. As such, their PCA must be zero at all times.
Take note that a PCA of 0.02 can be reached after consuming just one standard drink (a middy of beer, a nip of spirits or a small glass of wine). Hence, any special categories of drivers also shouldn’t drink anything before getting behind the wheel.
Penalties to Consider
If anyone in your fleet is caught intoxicated while on the road, the police will then dole out a range of punishments depending on how drunk they are. As sourced from Sydney’s top drink driving lawyers, the different penalties are as follows. These refer to how long you can have your licence disqualified for any of the associated actions. Remember that these are just guidelines too and that the court can decide differently depending on the circumstances.
- For first offenders, a fine from $1,100 to $3,300
- For repeat offenders, a fine from $2,200 to $5,500
- For first offenders, a 3 to 12 month licence suspension
- For repeat offenders, a 6 month to a permanent licence suspension
- For first offenders, 0 to 18 months in prison
- For repeat offenders, 0 to 24 months in prison
Those refusing to take a breathalyser test can also be charged. For first offenders, this includes a $3,300 fine, 18 months in prison and a minimum of 12 month’s licence suspension. Repeat offenders have harsher punishments with a $5,500 fine, 2 years in prison, and a minimum of 2 year’s licence suspension.
Remember that all these penalties will have to be negotiated in court. If any of your fleet drivers are caught intoxicated behind the wheel, you’ll need the assistance of a qualified lawyer to help talk with the judge and get a lesser sentence doled out. Of course, notifying your employees of these laws in the first place is a smarter alternative as you’ll avoid having your staff in court at all. Additionally, you’ll also get prevent any property damage and loss of life that can occur when someone decides to drink and drive. Protecting your employees’ health and the reputation of your company can be done by being aware of the above laws.
Zoe Ferguson is a writer for Prime Lawyers, a company based in Australia offering legal services in different fields like Family Law, Criminal Law, Traffic Law, Debt Recovery, and Business Law.
