Road Safety (General) (Alcohol and Other Drugs) Regulations 2004

Victorian Legislation and Parliamentary Documents i Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 S.R. No. 159/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 2 3. Commencement 2 4. Principal Regulations 2 5. Amendment of objectives 2 6. Description of contents of identification labels 2 7. Certificate under section 57(4A) 2 8. New regulations 207C to 207H inserted 3 207C. Oral fluid testing devices 3 207D. Procedure for carrying out preliminary oral fluid test 3 207E. Procedure for taking oral fluid samples under section 55E 4 207F. Procedure after taking oral fluid sample 4 207G. Certificate under section 57B(3) 5 207H. Certificate under section 57B(4) 5 9. Notice of immediate licence suspension 6 10. Insertion of new regulations 210 to 214 6 210. Procedure for collecting urine sample 6 211. Procedures after collecting urine samples 6 212. Certificate under section 57A(3) 7 213. Certificate under section 57A(4) 8 214. Certificate under section 57A(5) 9 11. Prescribed particulars of traffic infringement notice 9 12. Traffic infringements 10 13. Revocation of drug-driving provisions 12 ═══════════════ ENDNOTES 13 -- 1 of 14 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 159/2004 Road Safety Act 1986 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 7 December 2004 Responsible Minister: PETER BATCHELOR Minister for Transport DIANE CASEY Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Road Safety (General) Regulations 1999 (a) to prescribe the procedures for the collecting of urine samples; and (b) to prescribe the particulars to be included on certificates issued under section 57A and section 57B of the Road Safety Act 1986; and (c) to prescribe the devices and procedures to be used for obtaining and testing oral fluid samples; and -- 2 of 14 -- Victorian Legislation and Parliamentary Documents S.R. No. 159/2004 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 2 (d) to amend the description of the way in which the prescribed concentration of alcohol can be measured; and (e) to prescribe a drug-driving infringement for the purposes of Part 7 of the Road Safety Act 1986. 2. Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3. Commencement (1) These Regulations, except regulation 13, come into operation on the day they are made. (2) Regulation 13 comes into operation on the day on which section 23 of the Road Safety (Drug Driving) Act 2003 comes into operation. 4. Principal Regulations In these Regulations, the Road Safety (General) Regulations 19991 are called the Principal Regulations. 5. Amendment of objectives In regulation 101(a)(i) of the Principal Regulations, after "blood" insert "or breath". 6. Description of contents of identification labels In regulation 207(e) of the Principal Regulations, after "description" insert "of the contents". 7. Certificate under section 57(4A) In regulation 207A(g) of the Principal Regulations, after "description" insert "of the contents". r. 2 -- 3 of 14 -- Victorian Legislation and Parliamentary Documents S.R. No. 159/2004 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 3 8. New regulations 207C to 207H inserted After regulation 207B of the Principal Regulations insert— "207C. Oral fluid testing devices (1) The device prescribed for the purposes of section 55D of the Act is the oral fluid testing device known as the SECURETEC DRUGWIPE TWIN or the SECURETEC DRUGWIPE II TWIN. (2) The devices prescribed for the purposes of section 55E of the Act are— (a) the oral fluid testing device known as the SECURETEC DRUGWIPE II TWIN COMBO; (b) the oral fluid testing device known as the Cozart RapiScan. 207D. Procedure for carrying out preliminary oral fluid test For the purposes of section 55D of the Act, the prescribed procedure for carrying out a preliminary oral fluid test is that the member of the police force or person authorised under section 55D(2) of the Act who conducts the test— (a) provides a fresh oral fluid collection unit for use by a person required to provide a preliminary oral fluid sample; and (b) uses only an oral fluid collection unit that, until required for taking the oral fluid sample, has been kept in a sealed container; and r. 8 -- 4 of 14 -- Victorian Legislation and Parliamentary Documents S.R. No. 159/2004 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 4 (c) tests the oral fluid sample by using the device, or the oral fluid testing unit that is part of the device, that was used to obtain the sample. 207E. Procedure for taking oral fluid samples under section 55E For the purposes of section 55E of the Act, an authorised officer, in taking an oral fluid sample, must— (a) provide a fresh oral fluid collection unit for use by each person required to provide an oral fluid sample; and (b) use only an oral fluid collection unit which, until required for taking the oral fluid sample, has been kept in a sealed container. 207F. Procedure after taking oral fluid sample An authorised officer who takes a sample of oral fluid under section 55E of the Act must ensure that the sample, or if the sample is broken into parts each part, has attached to it a label bearing— (a) the name and signature of the authorised officer who took the oral fluid sample; and (b) the date and time the sample was taken; and (c) 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. r. 8 -- 5 of 14 -- Victorian Legislation and Parliamentary Documents S.R. No. 159/2004 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 5 207G. Certificate under section 57B(3) A certificate under section 57B(3) of the Act must contain the following particulars— (a) a statement by the person who carried out the oral fluid test that he or she is an authorised officer within the meaning of section 55E of the Act; (b) a statement as to whether the requirements of these Regulations for the taking and testing of oral fluid samples have been complied with; (c) a statement as to whether the result of the oral fluid tested indicated the oral fluid sample provided by the person contained a prescribed illicit drug; (d) the name of the person from whom the oral fluid sample was taken; (e) the time and date the oral fluid sample was taken; (f) the name and signature of the authorised officer who took the oral fluid sample. 207H. Certificate under section 57B(4) A certificate under section 57B(4) of the Act must, in addition to a statement as to the presence of a prescribed illicit drug in that sample of oral fluid, contain the following particulars— (a) a statement by the analyst that he or she is an approved analyst within the meaning of section 57B of the Act; (b) a statement as to the method of analysis used; (c) the name and signature of the analyst; r. 8 -- 6 of 14 -- Victorian Legislation and Parliamentary Documents S.R. No. 159/2004 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 6 (d) the date on which the analysis was conducted; (e) a description of the contents of the identification label referred to in regulation 207F that was attached to the part of the oral fluid received for analysis.". 9. Notice of immediate licence suspension In regulation 208 of the Principal Regulations— (a) in sub-regulation (1)(b) after "blood" insert "or breath (as the case requires)"; (b) in sub-regulation (3)(b) after "blood" insert "or breath (as the case requires)". 10. Insertion of new regulations 210 to 214 After regulation 209 of the Principal Regulations insert— "210. Procedure for collecting urine sample A registered medical practitioner or an approved health professional who collects a urine sample for the purposes of the Act must ensure that the sample is collected in a container which is clean and dry and which has not previously been used. 211. Procedures after collecting urine samples A registered medical practitioner or an approved health professional who collects a urine sample must ensure that (a) the urine sample is placed in 2 dry containers, each containing approximately the same amount of urine; and (b) each container is fitted with a tamper proof locking seal; and r. 9 -- 7 of 14 -- Victorian Legislation and Parliamentary Documents S.R. No. 159/2004 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 7 (c) each container has attached to it a label bearing— (i) the signature of the registered medical practitioner or approved health professional who collected the urine sample; (ii) the date and the time the sample was collected; (iii) the name of the person from whom the sample was collected 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 collected. 212. Certificate under section 57A(3) A certificate under section 57A(3) of the Act must contain the following particulars— (a) a statement by the registered medical practitioner or approved health professional as to whether the requirements of the Act and these Regulations for the collection of urine samples have been complied with; (b) the name of the person from whom the urine sample was collected 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 collected; (c) the time and date the urine sample was collected; r. 10 -- 8 of 14 -- Victorian Legislation and Parliamentary Documents S.R. No. 159/2004 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 8 (d) the name and signature of the registered medical practitioner or approved health professional who collected the urine sample. 213. Certificate under section 57A(4) A certificate under section 57A(4) of the Act must contain the following particulars— (a) a statement by the analyst that he or she is an approved analyst within the meaning of section 57A of the Act; (b) a statement as to the method of analysis used; (c) a statement that a substance that is, or is capable of being, a drug for the purposes of the Act was present in the urine sample analysed; (d) the name of the substance found to be present in the urine sample analysed; (e) the concentration of the substance found to be present in the urine sample analysed; (f) the name and signature of the analyst; (g) the date on which the analysis was conducted; (h) a description of the contents of the identification label referred to in regulation 211(c) attached to the container in which the urine sample is placed. r. 10 -- 9 of 14 -- Victorian Legislation and Parliamentary Documents S.R. No. 159/2004 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 9 214. Certificate under section 57A(5) A certificate under section 57A(5) of the Act must contain the following particulars— (a) a statement by the expert that he or she is an approved expert within the meaning of section 57A of the Act; (b) a statement as to the usual effect of a specified substance or substances on behaviour when consumed or used in that concentration (including its effect on a person's ability to drive properly); (c) the name and signature of the approved expert.". 11. Prescribed particulars of traffic infringement notice (1) In regulation 603(1)(g)(iii) of the Principal Regulations, after "blood" insert "or breath". (2) After regulation 603(1)(g) of the Principal Regulations insert— "(ga) if the traffic infringement notice relates to an alleged drug-driving infringement it states that— (i) it is issued in respect of a drug-driving infringement; (ii) unless a notice of objection is received at the address specified in the notice within 28 days after service of the notice, the notice will take effect as a conviction;". (3) In regulation 603(1)(o) of the Principal Regulations, after "drink-driving infringement" insert ", drug-driving infringement". (4) In regulation 603(2) of the Principal Regulations, after "drink driving infringement" insert ", drug- driving infringement". r. 11 -- 10 of 14 -- Victorian Legislation and Parliamentary Documents S.R. No. 159/2004 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 10 12. Traffic infringements (1) In Schedule 4 to the Principal Regulations— (a) in the entry in respect of code number 2093, after "ml" insert "or breath alcohol level of less than 0⋅05g/210 litres of exhaled air"; (b) for the offence in the entry in respect of code number 1993, substitute— "Drive or be in charge of a motor vehicle with— (a) blood alcohol level of 0⋅05 or more but less than 0⋅07g/100ml; or (b) breath alcohol level of 0⋅05 or more but less than 0⋅07g/210 litres of exhaled air— and RSA 52 (zero blood or breath alcohol) does not apply to the person"; (c) for the offence in the entry in respect of code number 1994, substitute— "Drive or be in charge of a motor vehicle with— (a) blood alcohol level of 0⋅05 or more but less than 0⋅07g/100ml; or (b) breath alcohol level of 0⋅05 or more but less than 0⋅07g/210 litres of exhaled air— and RSA 52 (zero blood or breath alcohol) applies to the person."; (d) in the entry in respect of code number 1996, after "ml" insert "or breath alcohol level of 0⋅07 or more but less than 0⋅10g/210 litres of exhaled air"; r. 12 -- 11 of 14 -- Victorian Legislation and Parliamentary Documents S.R. No. 159/2004 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 11 (e) in the entry in respect of code number 2095, after "ml" insert "or breath alcohol level of 0⋅10 or more but less than 0⋅11g/210 litres of exhaled air"; (f) in the entry in respect of code number 2096, after "ml" insert "or breath alcohol level of 0⋅11 or more but less than 0⋅12g/210 litres of exhaled air"; (g) in the entry in respect of code number 2097, after "ml" insert "or breath alcohol level of 0⋅12 or more but less than 0⋅13g/210 litres of exhaled air"; (h) in the entry in respect of code number 2098, after "ml" insert "or breath alcohol level of 0⋅13 or more but less than 0⋅14g/210 litres of exhaled air"; (i) in the entry in respect of code number 2099, after "ml" insert "or breath alcohol level of 0⋅14 or more but less than 0⋅15g/210 litres of exhaled air". (2) In Schedule 4 to the Principal Regulations, after the entry in respect of code number 2099, insert— " Drug Driving 1999 Drive or be in charge of motor vehicle with prescribed concentration of drugs or more than the prescribed concentration of drugs present in blood or oral fluid RSA 49 3 penalty units ". r. 12 -- 12 of 14 -- Victorian Legislation and Parliamentary Documents S.R. No. 159/2004 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 12 13. Revocation of drug-driving provisions (1) Regulations 207C, 207D, 207E, 207F, 207G and 207H of the Principal Regulations are revoked. (2) Regulation 603(1)(ga) of the Principal Regulations is revoked. (3) In regulation 603(1)(o) and (2) of the Principal Regulations, omit ", drug-driving infringement". (4) In Schedule 4 to the Principal Regulations— (a) omit the heading "Drug Driving" following the entry in respect of code number 2099; (b) the entry in respect of code number 1999 is revoked. ═══════════════ r. 13 -- 13 of 14 -- Victorian Legislation and Parliamentary Documents S.R. No. 159/2004 Road Safety (General) (Alcohol and Other Drugs) Regulations 2004 13 ENDNOTES 1 Reg. 4: S.R. No. 27/1999. Reprint No. 2 as at 15 December 2002. Reprinted to S.R. No. 114/2002. Subsequently amended by S.R. Nos 87/2003, 88/2004 and 132/2004. Endnotes -- 14 of 14 --