Special range PCA

A special category driver or supervisor drives a motor vehicle (or occupies the driving seat and attempts to put it in motion), or supervises a learner driver, with the special range concentration of alcohol present in their breath or blood.

For a person to be found guilty, the prosecution must prove each of these beyond reasonable doubt. If even one cannot be proved, the charge should fail.

1. You were a special category driver or special category supervisor
2. You drove a motor vehicle, or occupied the driving seat of a motor vehicle and attempted to put the motor vehicle in motion (as a special category driver), OR occupied the seat next to a learner driver while supervising them (as a special category supervisor)
3. The special range prescribed concentration of alcohol (0.02 to less than 0.05) was present in your breath or blood

This is a summary offence — it is finalised in the NSW Local Court by a judge. There is no committal, no jury and no election to the District Court.

Maximum penalty: First offence: 20 penalty units ($2,200), no imprisonment. Second or subsequent: 30 penalty units ($3,300), no imprisonment. Automatic disqualification 6 months (minimum 3 months) first offence; 12 months (minimum 6 months) second or subsequent (s 205). No alcohol interlock for a first offence; a mandatory alcohol interlock order applies to a second or subsequent offence. A first novice-, special- or low-range offence is often dealt with by a penalty notice and a 3-month suspension instead of court, unless you elect to go to court.

Summary offences in NSW must generally be started (a court attendance notice issued) within 6 months of the alleged offence, unless the relevant law sets a different period (Criminal Procedure Act 1986 (NSW) s 179). Some offences have their own time limit, so this is a guide only.

Opens the official NSW legislation website. Court Pilot's summary is a guide only — confirm against the in-force text.