Road Safety (General) (Blood Samples and Drug Testing) Regulations 2000

i Road Safety (General) (Blood Samples and Drug Testing) Regulations 2000 S.R. No. 114/2000 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Principal Regulations 1 4. Procedure for taking blood sample 2 5. Procedures after taking blood samples 2 6. Certificate under section 57(3) 2 7. New regulations 207A and 207B inserted 3 207A. Certificate under section 57(4A) 3 207B. Certificate under section 57(4B) 3 8. Notice of immediate licence suspension 4 9. New regulation 209 inserted 4 209. Particulars of report of assessment of drug impairment 4 10. Statute law revision 7 ═══════════════ ENDNOTES 8 -- 1 of 9 -- 1 STATUTORY RULES 2000 S.R. No. 114/2000 Road Safety Act 1986 Road Safety (General) (Blood Samples and Drug Testing) Regulations 2000 The Governor in Council makes the following Regulations: Dated: 8 November 2000 Responsible Minister: PETER BATCHELOR Minister for Transport HELEN DOYE Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Road Safety (General) Regulations 1999 to give effect to the provisions of the Road Safety (Amendment) Act 2000 relating to— (a) the testing of drivers whose driving may be impaired by drugs; and (b) the taking and testing of blood samples. 2. Authorising provision These Regulations are made under section 95 of the Road Safety Act 1986. 3. Principal Regulations In these Regulations, the Road Safety (General) Regulations 1999 1 are called the Principal Regulations. -- 2 of 9 -- S.R. No. 114/2000 Road Safety (General) (Blood Samples and Drug Testing) Regulations 2000 2 4. Procedure for taking blood sample In regulation 204 of the Principal Regulations, after "a registered medical practitioner" insert "or an approved health professional". 5. Procedures after taking blood samples (1) In regulation 205(1) of the Principal Regulations— (a) after "registered medical practitioner" (where first occurring) insert "or an approved health professional"; (b) in paragraph (d), after "registered medical practitioner" insert "or approved health professional". (2) In regulation 205(2) of the Principal Regulations— (a) for "other than under section 56" substitute "under section 55 or 55B"; (b) after "registered medical practitioner" insert "or approved health professional". (3) In regulation 205(3) of the Principal Regulations, for "registered medical practitioner" substitute "doctor". 6. Certificate under section 57(3) In regulation 206 of the Principal Regulations (a) in paragraph (a), after "registered medical practitioner" insert "or approved health professional"; (b) in paragraph (d), after "registered medical practitioner" insert "or approved health professional who took the blood sample". r. 4 -- 3 of 9 -- S.R. No. 114/2000 Road Safety (General) (Blood Samples and Drug Testing) Regulations 2000 3 7. New regulations 207A and 207B inserted After regulation 207 of the Principal Regulations insert— "207A. Certificate under section 57(4A) A certificate under section 57(4A) of the Act must contain the following particulars— (a) a statement by the approved analyst that he or she is an approved analyst within the meaning of section 57 of the Act; and (b) a statement as to the method of analysis used; and (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 sample of blood analysed; and (d) the name of the substance found to be present in the sample of blood analysed; and (e) the name and signature of the approved analyst; and (f) the date on which the analysis was conducted; and (g) a description of the identification label referred to in regulation 205(1)(d) attached to the container in which the blood sample is placed. 207B. Certificate under section 57(4B) A certificate under section 57(4B) of the Act must contain the following particulars— r. 7 -- 4 of 9 -- S.R. No. 114/2000 Road Safety (General) (Blood Samples and Drug Testing) Regulations 2000 4 (a) a statement by the approved expert that he or she is an approved expert within the meaning of section 57 of the Act; and (b) a statement as to the usual effect of a specified substance or substances on behaviour when consumed or used (including its effect on a person's ability to drive properly); and (c) the name and signature of the approved expert.". 8. Notice of immediate licence suspension In regulation 208 of the Principal Regulations, at the end of the regulation insert— "(2) A notice for the purposes of section 51(1A) of the Act must, in addition to the matters referred to in that section, contain the following particulars— (a) the name and address of the accused; and (b) a statement of the offence with which the accused is charged; and (c) the name and signature of the person who charged the accused; and (d) the date on which the notice was given to the accused.". 9. New regulation 209 inserted After regulation 208 of the Principal Regulations insert— "209. Particulars of report of assessment of drug impairment For the purposes of section 55B(5) of the Act, a report of assessment of drug r. 8 -- 5 of 9 -- S.R. No. 114/2000 Road Safety (General) (Blood Samples and Drug Testing) Regulations 2000 5 impairment must contain the following particulars— (a) particulars of the identity of the person on whom the assessment was carried out, including, if known, the person's name, address, date of birth and gender; (b) the date and time at which the person underwent the assessment; (c) the place at which the person underwent the assessment; (d) the time (if any) reported to the member of the police force carrying out the assessment as the latest time the person drove, was in charge of or was an occupant of a motor vehicle; (e) whether the person underwent a preliminary breath test in accordance with section 53 of the Act or furnished a sample of breath for analysis by a breath analysing instrument and, if so, the result of the test or analysis, if known; (f) the record of interview of the person carried out by the member of the police force carrying out the assessment; (g) particulars of any medical treatment sought by or for the person; (h) any statements made by the person concerning a drug or drugs; (i) any observations made by the member of the police force carrying out the assessment of the person in relation to— r. 9 -- 6 of 9 -- S.R. No. 114/2000 Road Safety (General) (Blood Samples and Drug Testing) Regulations 2000 6 (i) any apparent injury or illness of the person; (ii) whether the person smelt of intoxicating liquor; (iii) the person's speech; (iv) the person's eyes; (v) the person's breathing; (vi) the person's skin; (vii) the person's movement; (viii) the person's balance; (ix) the state of the person's clothing; (x) the person's actions; (xi) the person's demeanour; (xii) any physical signs of drug use by the person; (xiii) the person's ability to comprehend instructions; (xiv) the person's ability to divide attention; (xv) whether the person, during the assessment, exhibited signs that indicated that the person was impaired by a drug or drugs; (j) whether the assessment, in the opinion of the member of the police force carrying it out, indicates that the person may be impaired by a drug or drugs; (k) the name, rank, station and signature of the member of the police force carrying out the assessment.". r. 9 -- 7 of 9 -- S.R. No. 114/2000 Road Safety (General) (Blood Samples and Drug Testing) Regulations 2000 7 10. Statute law revision In regulations 203, 206 and 207 of the Principal Regulations omit "prescribed". ═══════════════ r. 10 -- 8 of 9 -- S.R. No. 114/2000 Road Safety (General) (Blood Samples and Drug Testing) Regulations 2000 8 ENDNOTES 1 Reg. 3: S.R. No. 27/1999 as amended by S.R. Nos 54/1999, 120/1999, 88/2000 and 96/2000. Endnotes -- 9 of 9 --