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

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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

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ENDNOTES 8

i

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 19991 are called the Principal
Regulations.

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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 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 professional";

(b)
in paragraph (d), after "registered medical professional who took the blood sample".

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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—

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Regulations 2000

S.R. No. 114/2000 r. 8

(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

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Regulations 2000

r. 9	S.R. No. 114/2000

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 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—

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S.R. No. 114/2000 r. 9
(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)
assessment, exhibited signs that
whether the person, during the 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.".

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10. Statute law revision
In regulations 203, 206 and 207 of the Principal
Regulations omit "prescribed".

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

Regulations 2000

S.R. No. 114/2000 Endnotes

ENDNOTES

1 Reg. 3: S.R. No. 27/1999 as amended by S.R. Nos 54/1999, 120/1999,
88/2000 and 96/2000.

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

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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

(a)	after "registered medical practitioner" (where first occurring) insert "or an approved health professional";
(b)

(a)	for "other than under section 56" substitute "under section 55 or 55B";
(b)	after "registered medical practitioner" insert "or approved health professional".

(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.

(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.".

(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.".

(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)

(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;

(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.".