cause injury to that person or any other person; and (ii) is convicted of that offence. (2) The Commission is not liable to pay compensation S. 40(2) amended by under section 44, 45, 47, 49, 50 or 51 to a person No. 94/2004 who is injured in a transport accident if the s. 11(5)(a). person— (a) was driving a motor vehicle at the time of the transport accident; and (b) is convicted of an offence in relation to the S. 40(2)(b) amended by transport accident under section 49(1)(ba), Nos 80/2010 (c), (ca), (d), (e), (ea) or (eb), 56(2) or 56(7) s. 4(1), 43/2012 of the Road Safety Act 1986 or under a law s. 3(Sch. that is, in relation to that Act, a item 52). corresponding law. (3) The Commission is not liable to pay compensation S. 40(3) amended by under section 47, 49, 50 or 51 to a person who is Nos 94/2003 injured in a transport accident if the person was s. 41(1)(b), 94/2004 driving a motor vehicle at the time of the transport s. 11(5)(a). accident and is convicted, in respect of driving the motor vehicle at that time— (a) of an offence under section 49(1)(a) of the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law; or (b) of an offence under section 49(1)(b), 49(1)(f) S. 40(3)(b) amended by or 49(1)(g) of the Road Safety Act 1986 or No. 94/2003 under a law that is, in relation to that Act, a s. 41(1)(a). corresponding law and the relevant level of concentration of alcohol in the person's blood was 024 grams or more per 100 millilitres of blood or in the person's breath was 024 grams or more per 210 litres of exhaled air, as the case requires— unless the person satisfies the Commission that the intoxicating liquor or drug or the concentration
cause injury to that person or any other person; and (ii) is convicted of that offence. S. 40(2) amended by No. 94/2004 s. 11(5)(a). (2) The Commission is not liable to pay compensation under section 44, 45, 47, 49, 50 or 51 to a person who is injured in a transport accident if the person— (a) was driving a motor vehicle at the time of the transport accident; and S. 40(2)(b) amended by Nos 80/2010 s. 4(1), 43/2012 s. 3(Sch. item 52). (b) is convicted of an offence in relation to the transport accident under section 49(1)(ba), (c), (ca), (d), (e), (ea) or (eb), 56(2) or 56(7) of the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law. S. 40(3) amended by Nos 94/2003 s. 41(1)(b), 94/2004 s. 11(5)(a). (3) The Commission is not liable to pay compensation under section 47, 49, 50 or 51 to a person who is injured in a transport accident if the person was driving a motor vehicle at the time of the transport accident and is convicted, in respect of driving the motor vehicle at that time— (a) of an offence under section 49(1)(a) of the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law; or S. 40(3)(b) amended by No. 94/2003 s. 41(1)(a). (b) of an offence under section 49(1)(b), 49(1)(f) or 49(1)(g) of the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law and the relevant level of concentration of alcohol in the person's blood was 024 grams or more per 100 millilitres of blood or in the person's breath was 024 grams or more per 210 litres of exhaled air, as the case requires— unless the person satisfies the Commission that the intoxicating liquor or drug or the concentration
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