s. s. 40 40 be, did not contribute in any way to the transport accident. (4) Subsection (5) applies if a person who is injured in a transport accident 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)(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 (b) the relevant level of concentration of alcohol S. 40(4)(b) amended by in the person's blood was more than No. 94/2003 005 grams per 100 millilitres of blood or in s. 41(2). the person's breath was more than 005 grams per 210 litres of exhaled air, as the case requires. S. 40(4A) (4A) Subsection (5A) applies if a person who is injured inserted by in a transport accident was driving a motor vehicle No. 80/2010 s. 4(2). at the time of the transport accident and is convicted in respect of driving the motor vehicle at the time of an offence under section 49(1)(bb), (h) or (i) of the Road Safety Act 1986 or under a law that is in relation to that Act a corresponding law. (5) The compensation under section 44 or 45 in S. 40(5) amended by respect of a person to whom subsection (4) No. 94/2003 s. 41(3). applies— (a) is reduced by one-third if the concentration was more than 005 and less than 012; and (b) is reduced by two-thirds if the concentration was 012 or more and less than 024; and (c) is not payable if the concentration was 024 or more—
be, did not contribute in any way to the transport accident. s. 40 (4) Subsection (5) applies if a person who is injured in a transport accident 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)(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 S. 40(4)(b) amended by No. 94/2003 s. 41(2). (b) the relevant level of concentration of alcohol in the person's blood was more than 005 grams per 100 millilitres of blood or in the person's breath was more than 005 grams per 210 litres of exhaled air, as the case requires. S. 40(4A) inserted by No. 80/2010 s. 4(2). (4A) Subsection (5A) applies if a person who is injured in a transport accident was driving a motor vehicle at the time of the transport accident and is convicted in respect of driving the motor vehicle at the time of an offence under section 49(1)(bb), (h) or (i) of the Road Safety Act 1986 or under a law that is in relation to that Act a corresponding law. S. 40(5) amended by No. 94/2003 s. 41(3). (5) The compensation under section 44 or 45 in respect of a person to whom subsection (4) applies— (a) is reduced by one-third if the concentration was more than 005 and less than 012; and (b) is reduced by two-thirds if the concentration was 012 or more and less than 024; and s. 40 (c) is not payable if the concentration was 024 or more—
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