CASA 90/17 - Amendment of instrument CASA 125/09 — Drug and alcohol testing by CASA under Subpart 99.C of CASR (Cth)

Instrument number CASA 90/17

I, JONATHAN ALECK, General Manager, Legal Affairs, Regulatory Policy & International Strategy Branch, a delegate of CASA, make this instrument under regulations 99.130 and 99.245, and subregulation 99.250 (3), of the Civil Aviation Safety Regulations 1998.

[Signed Jonathan Aleck]

Jonathan Aleck
General Manager
Legal Affairs, Regulatory Policy & International
   Strategy Branch

13 September 2017

Amendment of instrument CASA 125/09 — Drug and alcohol testing by CASA under Subpart 99.C of CASR

1          Commencement

This instrument commences on the day after registration.

2          Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1          Amendments

CASA 125/09 — Drug and alcohol testing by CASA under Subpart 99.C of the Civil Aviation Safety Regulations 1998

1      Schedule 1, clause 2, Table 2, item 1

Repeal the item, substitute:

“1 Drager Safety Pacific Pty Ltd Drager Alcotest 9510 Aus”

2      Schedule 6, clause 1, Table 1, item 2

Repeal the item, substitute:

“2 For the conduct of a confirmatory test on a further body sample of the person using the Drager Alcotest 9510 Aus (in this item, the unit) Taking body samples: The approved tester must take a further breath sample for a confirmatory alcohol test as soon as practicable, but not sooner than 15 minutes from the time that the initial alcohol test sample was taken. If the approved tester has reason to believe that the donor may have consumed something containing alcohol since giving the initial sample, the tester must wait until at least 10 minutes have elapsed since the tester formed that view. The approved tester must then proceed to take a further breath test. When taking the breath sample, the approved tester must ensure that the following procedure is followed: ·   the unit must be connected to the appropriate power supply, depending on whether the unit is being used from 240V mains power or 12V DC power ·   the power switch must be pressed to on if using 240V mains power supply ·   an external keyboard may be connected through the USB ports, if desired ·   a printer test must be performed and the printer paper must be changed, if required •   the unit must be allowed to warm up (this is initiated by switching the unit on and can take up to 10 minutes) Note   During the warm up period the device will conduct a series of internal system checks, after all tests have been conducted and the complete system is verified, the device will begin to warm up and indicate on the screen “WARMING UP” •   the unit must be set at the correct time and date of the location at which the test is occurring •   following the warm up, the unit is ready to perform a breath measurement by indicating “READY” on the screen — the green button under the front screen on the unit must then be pressed •   the personal details of the donor (surname, given names, date of birth), location and the approved tester performing the test must be entered into the unit •   the “Save” button must be pressed to initialise testing; the unit will then automatically go through an internal diagnostic check •   when the internal diagnostic check is completed, the unit will display “PLEASE BLOW” on the screen •   a new mouthpiece must be attached to the breath hose •   the donor must be asked to remove the protective cellophane packaging from the mouthpiece •   the donor must be instructed to place the end of the mouth piece into the donor’s mouth and to seal their lips around it when blowing •   the donor must be asked to inhale calmly and then blow evenly and continuously through the mouth piece for as long as possible •   when a sufficient volume of breath sample is achieved, the frame around the bottom bar graph becomes bold to indicate that the sample has been collected; the procedure under A. below must then be followed ·   if the breath flow falls below the minimum flow at any time during the breath sample delivery, the display will indicate “STOP BLOWING” and the delivery of the breath sample must be stopped immediately so as to avoid the donor attempting to reblow; the procedure under B. below must then be followed. A. Sufficient volume of breath given: ·   the mouthpiece must be removed when the unit indicates to do so ·   the unit will conduct more internal diagnostic checks, complete the sample analysis and display, under a heading “Subject’s Result”, the result of the test on the device screen ·   2 copies of the result will be printed by the unit ·   if the unit detects alcohol in the mouth of the donor, the unit will display “ALCOHOL IN MOUTH”. The approved tester must wait a further 10 minutes and then repeat the process above to take a breath sample. The approved tester may warn the donor not to further consume alcohol and may refer to offences for failing to provide a body sample or interfering with a sample ·   the approved tester must allow at least 3 attempts to provide a testable body sample but may discontinue the test if the donor fails to provide an adequate sample after 3 attempts. If the test is discontinued without a valid result, the donor must be advised they can no longer perform SSAA until notified to the contrary by CASA. Note   CASA will consider and advise the donor of the legal implications of the failure to provide a sample. B. Sufficient volume of breath not given: ·   the donor must be informed that a repeat test is necessary ·   remove the mouthpiece when the unit indicates to do so on its screen — the unit will then automatically perform an internal diagnostic check ·   each step to be taken by the approved tester and the donor after the previous internal diagnostic check must be repeated Note   Unit will conduct 3 unsuccessful tests before cancelling the entire testing and returning to the ready screen. Each unsuccessful attempt is recorded on the certificate with “TEST DISCONTINUED” printed at the bottom of the certificate. ·   the approved tester must allow at least 3 attempts to provide a testable body sample but may discontinue the test if the donor fails to provide an adequate sample after 3 attempts. If the test is discontinued without a valid result, the donor must be advised they can no longer perform SSAA until notified to the contrary by CASA. Note   CASA will consider and advise the donor of the legal implications of the failure to provide a sample.”

3      Schedule 7, clause 1, Table 1, item 1 (column headed “Procedures”)

Omit “- Data is to be down-loaded every 6 months at the time of recalibration”.

4      Schedule 7, clause 1, Table 1, item 2

(1)  In the column headed “Approved breathalyser”, omit “Lion Intoxilyzer 8000”, substitute “Drager Alcotest 9510 Aus”.

(2)  In the column headed “Procedures”, omit “Lion Laboratories Limited”, substitute “Drager Safety Pacific Pty Ltd”.