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12. Offences
against public health and safety
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Article 90-Offences
of operation of machines will under the influence of drugs
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| 90.1 |
Operation of machines under influence of drugs |
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Operation of a machine under the influence of drugs is when a person seeks to operate a complex mobile or fixed machine that has the capacity to inflict personal harm, or harm upon others while under the influence of any prescribed or self-administered drugs that has significantly impaired their judgment and ability to respond. |
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Primary Fact(s) |
| 1. That the accused was found to be in control of a machine at the time of their arrest; |
| 2. That lawful regulations exist regarding the use of machines while under the influence of drugs; |
| 3. That upon testing the accused they were found to be under the influence of drugs and in excess of the safe limits stated by law; |
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Penalty Conditions (Level 2-Crime) |
Type |
Condition(s) |
1-3 |
a) Operation of a motor vehicle without passengers while under the influence; |
4-6 |
a) Operation of a motor vehicle with passengers while under the influence; |
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Penalty Conditions (Level 3-Crime) |
Type |
Condition(s) |
1-3 |
a) Operation of a motor vehicle with passengers under the age of 14 years while under the influence;
b) Operation of a motor vehicle with passengers under the age of 14 years while under the influence; |
4-6 |
a) Operation of a commercial transport vehicle while under the influence; |
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Penalty Conditions (Level 4-Crime) |
Type |
Condition(s) |
1-3 |
a) Operation of an assembly line or non-nuclear power plant while under the influence;
b) Operation of a commercial aircraft while under the influence; |
4-6 |
a) Operation of a nuclear power plant while under the influence;
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