Transport (Alcohol Controls) Regulations 2005

i Transport (Alcohol Controls) Regulations 2005 S.R. No. 138/2005 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Revocation 1 4. Definition 2 5. Preliminary breath test devices 2 6. Procedure for breath analysis 2 7. Procedure for taking blood sample 3 8. Procedure after taking blood samples 3 9. Certificate under section 96(4) 4 10. Certificate under section 98(3) 5 11. Certificate under section 98(4) 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2005 S.R. No. 138/2005 Transport Act 1983 Transport (Alcohol Controls) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 8 November 2005 Responsible Minister: PETER BATCHELOR Minister for Transport RUTH LEACH Clerk of the Executive Council 1. Objective The objective of these Regulations is to promote the safe operation of railway and tramway systems in Victoria by prescribing matters relating to breath and blood testing of workers who undertake safety work on those systems. 2. Authorising provision These Regulations are made under section 102 of the Transport Act 1983. 3. Revocation The Transport (Alcohol Measurement) Regulations 2004 1 are revoked. -- 2 of 8 -- S.R. No. 138/2005 Transport (Alcohol Controls) Regulations 2005 2 4. Definition In these Regulations "the Act" means the Transport Act 1983. 5. Preliminary breath test devices The devices prescribed for the purposes of section 95 of the Act are the breath testing devices known as— (a) the Alcotest 80/A; (b) the Lion Alcolmeter also known as the lion alcolmeter S-D2; (c) the lion alcolmeter SD-400PA. 6. Procedure for breath analysis It is a requirement for the proper operation of a breath analysing instrument that a person authorised under section 96(3) of the Act to operate a breath analysing instrument— (a) does not require a person to provide a breath sample for analysis until the authorised person is satisfied that the person has not consumed any alcohol for a period of at least 15 minutes before the analysis; and (b) provides a fresh mouthpiece for use by each person required to provide a breath sample; and (c) uses only a mouthpiece which, until required for taking the breath sample, has been kept in a sealed container. r. 4 -- 3 of 8 -- S.R. No. 138/2005 Transport (Alcohol Controls) Regulations 2005 3 7. Procedure for taking blood sample If a blood sample is taken by a registered medical practitioner or an approved health professional for the purposes of the Act, the site of the puncture must be cleansed with a swab taken from a container which— (a) appears to be sealed against contamination; and (b) bears a label stating that the container holds an aqueous solution of chlorohexidine and cetrimide and no methylated spirits, alcohol, tincture of iodine or other substance containing alcohol. 8. Procedure after taking blood samples (1) A registered medical practitioner or an approved health professional who takes a blood sample must ensure that— (a) the sample of blood is placed in 3 dry containers, each containing approximately the same amount of blood; and (b) each container is vacuum sealed or sealed with a septum seal; and (c) each container in which the sample is placed bears a label stating— (i) that the container holds a specific anti-coagulant and preservative such as potassium oxalate and sodium fluoride; and (ii) the name of the chemist, laboratory or pharmaceutical organisation that prepared the container; and (d) each container has attached to it a label bearing the signature of the registered medical practitioner or approved health r. 7 -- 4 of 8 -- S.R. No. 138/2005 Transport (Alcohol Controls) Regulations 2005 4 professional, the date and the time the blood sample was taken, and the name of the person from whom the sample was taken or, if the name of the person is not known, sufficient information to enable the sample to be identified with the person from whom it was taken. (2) If a blood sample is taken under section 96 of the Act, the registered medical practitioner or approved health professional must give one of the containers to a member of the police force and another to the person from whom the sample was taken. (3) If a blood sample is taken under section 97 of the Act and has, in accordance with this regulation, been placed in containers which have been sealed and labelled, the registered medical practitioner or approved health professional must ensure that— (a) one container is placed in a locked receptacle provided for the purpose at the place at which the sample was taken; and (b) one container is placed and sealed in a container labelled "screening sample"; and (c) one container is delivered to the person from whom the blood sample was taken or placed with that person's personal property at the place at which the sample was taken. 9. Certificate under section 96(4) A certificate given under section 96(4) of the Act is in the prescribed form if it is in writing and, in addition to the matters referred to in that section, contains the following particulars— (a) the serial number of the breath analysing instrument; and (b) the sample number; and r. 9 -- 5 of 8 -- S.R. No. 138/2005 Transport (Alcohol Controls) Regulations 2005 5 (c) the location of the test; and (d) the name and date of birth of the person whose breath is analysed; and (e) the surname of the operator; and (f) the results of the self tests conducted by the breath analysing instrument before and after the person's breath is analysed; and (g) the results of zero tests conducted by the breath analysing instrument before and after the person's breath is analysed; and (h) the date and time the person's breath was analysed. 10. Certificate under section 98(3) A certificate for the purposes of section 98(3) of the Act is in the prescribed form if it is in writing and contains the following particulars— (a) a statement by the registered medical practitioner or approved health professional that the requirements of these Regulations for the taking of blood samples have been complied with; and (b) the name of the person from whom the blood sample was taken; and (c) the time and date the blood sample was taken; and (d) the name and signature of the registered medical practitioner or approved health professional who took the blood sample. r. 10 -- 6 of 8 -- S.R. No. 138/2005 Transport (Alcohol Controls) Regulations 2005 6 11. Certificate under section 98(4) A certificate for the purposes of section 98(4) of the Act is in the prescribed form if it is in writing and, in addition to a statement as to the concentration of alcohol found in the sample of blood, it contains the following particulars— (a) a statement by the analyst that he or she is a properly qualified analyst within the meaning of section 98 of the Act; and (b) a statement as to the method of analysis used; and (c) the name and signature of the analyst; and (d) the date the analysis was conducted; and (e) a description of the contents of the identification label referred to in regulation 9(1)(d) attached to the container in which the blood sample is placed. ═══════════════ r. 11 -- 7 of 8 -- S.R. No. 138/2005 Transport (Alcohol Controls) Regulations 2005 7 ENDNOTES 1 Reg. 3: S.R. No. 151/2004. Endnotes -- 8 of 8 --