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NATIONAL ROAD TRAFFIC ACT 93 OF 1996 - Gauteng Online

NATIONAL ROAD TRAFFIC ACT 93 OF 1996 - Gauteng Online

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50<br />

concentration was not less than 0,02 gram per 100 millilitres at the time of the alleged<br />

contravention.<br />

(4) Where in any prosecution in terms of this Act proof is tendered of the analysis<br />

of a specimen of the blood of any person, it shall be presumed, in the absence of evidence<br />

to the contrary, that any syringe used for obtaining such specimen and the receptacle in<br />

which such specimen was placed for despatch to an analyst, were free from any substance<br />

or contamination which could have affected the result of such ana lysis.<br />

(5) No person shall on a public road-<br />

(a) drive a vehicle; or<br />

(b) occupy the driver's seat of a motor vehicle the engine of which is running,<br />

while the concentration of alcohol in any specimen of breath exhaled by such person is<br />

not less than 0,24 milligrams per 1 000 millilitres, or in the case of a professional driver<br />

referred to in section 32, not less than 0,10 milligrams per 1000 millilitres.<br />

(6) If, in any prosecution for a contravention of a provision of subsection (5), it is<br />

proved that the concentration of alcohol in any specimen of breath of the person<br />

concerned was not less than 0,24 milligrams per 1 000 millilitres of breath taken at any<br />

time within two hours after the alleged contravention, it shall be presumed, in the absence<br />

of evidence to the contrary, that such concentration was not less than 0,24 milligrams per<br />

1 000 millilitres at the time of the alleged contravention, or in the case of a professional<br />

driver referred to in section 32, not less than 0,10 milligrams per 1000 millilitres, it shall<br />

be presumed, in the absence of evidence to the contrary, that such concentration was not<br />

less than 0,10 milligrams per 1 000 millilitres at the time of the alleged contravention.<br />

(7) For the purposes of subsection (5) the concentration of alcohol in any breath<br />

specimen shall be ascertained by using the prescribed equipment.<br />

(8) Any person detained for an alleged contravention of any provision of this<br />

section shall not-<br />

(a) during his or her detention consume any substance that contains alcohol of<br />

any nature, except on the instruction of or when administered by a medical<br />

practitioner;<br />

(b) during his or her detention smoke until the specimen referred to in<br />

subsection (3) or (6) has been taken, as the case may be.<br />

(9) No person shall refuse that a specimen of blood, or a specimen of breath, be<br />

taken of him or her.<br />

66 Unauthorised acts in relation to vehicle<br />

(1) No person shall, without reasonable cause or without the consent of the owner,<br />

operator or person in lawful charge of a vehicle-<br />

(a) set the machinery thereof in motion;<br />

(b) place such vehicle in gear;<br />

(c) in any way tamper with the machinery, accessories or parts of such<br />

vehicle; or<br />

(d) enter or climb upon such vehicle.<br />

(2) No person shall ride in or drive a vehicle without the consent of the owner,<br />

operator or person in lawful charge thereof.<br />

(3) No person shall without lawful excuse tamper with a vehicle or with any part<br />

of the equipment or the accessories of any vehicle or wilfully damage it, or throw any<br />

object at any such vehicle.

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