Are Drink Driving Laws The Same For Motorbikes And Cars?

Are Drink Driving Laws The Same For Motorbikes And Cars?

The answer to this question is that drink driving laws in NSW are the same for motorbikes and cars.

The offence of ‘drink driving’ is contained in the Road Transport Act 2013. That legislation makes it an offence for a person to ‘drive a motor vehicle’ while under the influence of alcohol or over the prescribed Blood Alcohol Content limits.

On first reading, by using the word ‘drive’ it seems as though those provisions might not apply to motorbikes. After all, you don’t ‘drive’ a motorbike, you ‘ride’ it. However, like many things relating to traffic law, it’s not so straightforward. It’s necessary to delve deeper to get the full picture.

If we go to the definitions section of the Road Transport Act 2013 you’ll find a definition of the word ‘drive’. It says that when you see the word ‘drive’ in the legislation, it also includes to ‘ride a vehicle’.

This means that the drink driving laws apply the same way to people who are riding a motorbike as they do to people driving cars. The following limits apply:

Licence Category Blood Alcohol Content Reading
Learner licence holder Must have a 0.00 (zero) BAC
P1 and P2 licence holder Must have a 0.00 (zero) BAC
Unrestricted licence holder Must have a BAC below 0.05

If you have questions or concerns about drink driving laws, feel free to speak to someone from our team of experienced drink driving lawyers at Ainsley Law. We are always here and more than happy to help.

Please call us today at 0416 224 601 or leave an enquiry.