s. 40A unless the person satisfies the Commission that the concentration of alcohol in the blood or breath of the person did not contribute in any way to the transport accident. (5A) The compensation under section 44 or 45 in S. 40(5A) inserted by respect of a person to whom subsection (4A) No. 80/2010 applies is reduced by one-third unless the person s. 4(3). satisfies the Commission that the concentration of drugs in the blood of the person did not contribute in any way to the transport accident. (6) For the purposes of subsection (1), a person who drives a motor vehicle at a particular time is not to be deemed never to have held a licence to drive a motor vehicle of that class if at that time— (a) the person was— (i) the holder of a learner permit in respect of a motor vehicle of that class under the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law; or (ii) participating in a training program accredited under the Road Safety Act 1986; and (b) in the case of a motor vehicle other than a motor cycle or a tractor, the person had a licensed driver (not being the holder of a licence issued on probation) sitting beside him or her. 40A General provisions S. 40A inserted by No. 84/2000 (1) Subsection (2) applies if— s. 12. (a) a person who is injured as a result of a S. 40A(1)(a) amended by transport accident applies for compensation No. 68/2009 under this Act and a charge-sheet charging s. 97(Sch. item 123.1). an offence has been filed or it appears to the
unless the person satisfies the Commission that the concentration of alcohol in the blood or breath of the person did not contribute in any way to the transport accident. S. 40(5A) inserted by No. 80/2010 s. 4(3). (5A) The compensation under section 44 or 45 in respect of a person to whom subsection (4A) applies is reduced by one-third unless the person satisfies the Commission that the concentration of drugs in the blood of the person did not contribute in any way to the transport accident. (6) For the purposes of subsection (1), a person who drives a motor vehicle at a particular time is not to be deemed never to have held a licence to drive a motor vehicle of that class if at that time— (a) the person was— (i) the holder of a learner permit in respect of a motor vehicle of that class under the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law; or (ii) participating in a training program accredited under the Road Safety Act 1986; and (b) in the case of a motor vehicle other than a motor cycle or a tractor, the person had a licensed driver (not being the holder of a licence issued on probation) sitting beside him or her. S. 40A inserted by No. 84/2000 s. 12. 40A General provisions s. 40A (1) Subsection (2) applies if— S. 40A(1)(a) amended by No. 68/2009 s. 97(Sch. item 123.1). (a) a person who is injured as a result of a transport accident applies for compensation under this Act and a charge-sheet charging an offence has been filed or it appears to the
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