Road Traffic (Blood Sampling and Analysis) Regulations 1975 (WA)
Western Australia
Road Traffic Act 1974
Western Australia
Road Traffic Act 1974
These regulations may be cited as the
In these regulations, unless the context otherwise requires —
(a) a person registered as an analyst under the
Health (Miscellaneous Provisions) Act 1911 section 203; or(b) a person approved, or belonging to a class of persons approved, by the Minister to prepare sampling equipment.
These regulations apply whenever a blood sample is taken for the purposes of the Act.
For section 65 of the Act in paragraph (b) of the definition of the term
(a) pathology collector;
(b) phlebotomist.
For section 70B(1) of the Act, the prescribed particulars of a sample delivered to an analyst are the following —
(a) the serial number or barcode number of the sample;
(b) the name of the person from whom the sample was taken;
(c) the name and qualifications of the prescribed sample taker;
(d) the name and signature of the police officer who required the sample to be taken;
(e) the date and time the sample was collected;
(f) the names and signatures of the persons who delivered the sample to the analyst.
A blood sample taken in pursuance of regulation 7 shall be taken by means of equipment (in these regulations called the
The sampling equipment must comprise all of the following —
(a) 2 screw top plastic storage containers;
(b) 2 evacuated blood collection tubes with approximately 170 mg of sodium fluoride and 42.5 mg of potassium oxalate;
(c) 1 or 2 disposable needles with needle holders;
(d) 2 tamper proof outer plastic bags;
(e) sterile disposable gloves;
(f) a sterile dry swab;
(g) a sterile, non‑alcoholic antiseptic cleansing skin prep wipe;
(h) a sticking plaster.
The sampling equipment shall be prepared by a technologist of a body approved by the Minister who shall —
(a) complete and sign a certificate in the form of Form A; and
(b) seal the equipment in a serially numbered package by signing his name over the sealed portion or flap of the package.
(1) This regulation applies for the purposes of section 69(1a) of the Act.
(2A) Two blood samples, one immediately after the other, must be taken by a prescribed sample taker by venepuncture, with the vacutainer kit provided in the sampling equipment and no other.
(2) The prescribed sample taker shall —
(a) examine the package containing the sampling equipment produced to him, and in the presence of the person producing it, ensure that —
(i) the package is sealed and intact; and
(ii) the indicated expiry date for the use of the equipment has not passed;
and
(b) not use any sampling equipment contained in a package that is not sealed and intact or in respect of which the indicated expiry date has passed; and
(c) cleanse the proposed site of the venepuncture by means of a sterile, non‑alcoholic antiseptic cleansing skin prep wipe contained in the sampling equipment and by no other means; and
(d) take 2 samples of blood in accordance with subregulation (2A); and
(e) discharge each sample into a separate container provided in the sampling equipment; and
(f) ensure that the cover of each container is securely tightened; and
(g) shake each container thoroughly and in so doing invert it at least 20 times, to mix the contents.
(1) Upon a blood sample being taken and dealt with in accordance with the provisions of regulation 7 —
(a) the prescribed sample taker shall complete and sign Part I; and
(b) a police officer who was present when the sample was taken shall complete and sign Part II,
of 2 copies of Form B.
(2) Upon the completion of 2 copies of Form B, each of the containers containing a portion of the blood sample shall be sealed in a separate package by the prescribed sample taker and the police officer mentioned in this regulation.
The analytical method by which blood samples shall be analysed for alcohol by an analyst is —
(a) by ascertaining the change in concentration of a solution of a dichromate; or
(b) by gas chromatography.
(1) A certificate for the purposes of section 70(2)(e) of the Act shall be in the form of Form C.
(2) The
Road Traffic (Drug Driving) Regulations 2007 Schedule 1 Form 1 is prescribed for the purposes of section 70(3b)(f) of the Act as the form to be used by a drugs analyst for either or both of the following —(a) that an identified sample of blood taken from or provided by a named person was analysed for drugs;
(b) the analysis result obtained from the analysis.
Where a sample of a person’s blood is required to be taken for the purposes of the Act, and that person is incapable of submitting himself and allowing a sample to be taken, the police officer requiring the sample shall make his request for it to be taken in writing, addressed to a prescribed sample taker, in accordance with Form D.
A certificate for the purposes of section 70(2)(b) of the Act shall be in the form of Form E.
A certificate for the purposes of section 70(3b)(a) of the Act shall be in the form of Form F.
(1) The fees for the attendance of a prescribed sample taker for the purpose of taking a sample of blood under section 69(1) or (1a) of the Act are —
(a) on any public holiday, or between 5.00 p.m. on a Friday and 9.00 a.m. on the following Monday, or during the period between 5.00 p.m. and 9.00 a.m. commencing on any day — $120; and
(b) at any other time — $100.
[(2) deleted] (3) Subject to subregulation (4) the fee for an analysis of a blood sample by an analyst at the Chemistry Centre (WA) is —
(a) where the analysis is for alcohol content — $296; and
(b) where the analysis is for drug content — $780.
(4) Only one fee is payable if a sample of blood is analysed for both alcohol and drug content and that fee is $780.
(5) The fees payable under this regulation must be paid by the Commissioner of Police.
(6) If a person is convicted of an offence under section 63, 64, 64AA or 64A of the Act and the Commissioner of Police has paid a fee under subregulation (1) or (3) for the purposes of section 66 of the Act, the court convicting the person must order the person to repay the Commissioner of Police the amount of the fee and that amount may be recovered by the Commissioner of Police as if it were a penalty imposed under the Act.
Sampling equipment that was certified under regulation 6(a) before the
Serial No.
Western Australia
Regulation 6:
FORM A
I .......................................................................................................................... of ........................................................................................, Technologist, do hereby certify that the sampling equipment contained in package Serial No. ................... comprises the items set forth in regulation 5 of the
Dated at Perth this ............................. day of ........................ 20..............
..............................................
Signature.
(Reverse Side)
Note: This package should be opened by cutting along this fold.
Western Australia
Regulation 8:
FORM B
Part I
By prescribed sample taker:
I ............................................................ of ............................................................. prescribed sample taker, hereby certify that:
1. At the hour of ....................................m. on the ........................................... day of ............................................................ 20................ I took a sample of the blood of .................................... of ............................., a portion of which sample is now contained in the enclosed container numbered .............................................
2. The equipment used for the purpose of taking that blood sample was contained in a package serially numbered .................................... handed to me by ................................................. and that package was sealed and intact prior to being opened by me.
3. In taking the blood sample I complied with regulation 7 of the
Road Traffic (Blood Sampling and Analysis) Regulations 1975 .
.................................................
Signature, and Qualifications.
(Reverse Side)
Part II
By a police officer:
Name of subject .....................................................................................................
Doctor or registered nurse .....................................................................................
Time and date of taking blood sample ......................................................... m. on
................................................................................................................................
Time of occurrence of driving or incident giving rise to requirement of blood sample:
............................m. on the .....................................
Alleged time of last drink containing alcohol consumed by subject:
..................... m. on ................................................................................................
...................................................
Signature, Rank and Number.
Western Australia.
Regulation 10:
FORM C
I ............................................................................................................................. of the Chemistry Centre (WA), Perth, an analyst within the meaning of section 65 of the
1. On the ............................ day of ........................... 20......... the Chemistry Centre (WA), Perth received a sealed package then intact from ........................................ containing a sample of blood in a container numbered .............................................
2. The information appearing on the cover of the package was endorsed (among other things) as follows:
Name of subject .............................................................................................
Prescribed sample taker .................................................................................
Time and date of taking blood sample ...........................................................
3. The sample was analysed in accordance with the
Road Traffic (Blood Sampling and Analysis) Regulations 1975 and was found to contain ............................................. grams of alcohol per 100 mL of blood.
...................................................
Analyst.
Western Australia
Regulation 12:
FORM D
To: (1) ...................................................................................................................
at (2) ...................................................................................................................
Acting pursuant to the provisions of section 66(5), 66(8B) or 66B(1) of the
Dated at ................................................ this ......................................... day of........................................, 20..............
...................................................
Signature, Rank and Number.
(1) Insert name of prescribed sample taker.
(2) Address or name of hospital, as the case may require.
(3) Name of subject.
(4) Place where subject is then to be found.
FORM E
Western Australia
(Regulation 13)
I, ............................................................................................................................. chief executive officer of the Chemistry Centre (WA), hereby certify that .......... ................................................................................................................................ of ............................................................................................................................ * is an analyst/* was as at ................................................................... an analyst.
.....................................................
chief executive officer, Chemistry Centre (WA).
* Delete whichever is not applicable.
FORM F
Western Australia
(Regulation 14)
I, ............................................................................................................................. chief executive officer of the Chemistry Centre (WA), hereby certify that .......... ................................................................................................................................ of ............................................................................................................................ * is a drug analyst/ * was as at ..................................................... a drug analyst.
.....................................................
chief executive officer, Chemistry Centre (WA).
* Delete whichever is not applicable.
This is a compilation of the
29 May 1975 p. 1537‑42 | 1 Jun 1975 | ||
Untitled amendment | 14 Nov 1975 p. 4185 | 14 Nov 1975 | |
Untitled amendment | 12 Dec 1975 p. 4500 | 12 Dec 1975 | |
Untitled amendment | 23 Jan 1976 p. 132 | 23 Jan 1976 | |
Untitled amendment | 17 Jun 1977 p. 1838 | 17 Jun 1977 | |
Untitled amendment | 10 Mar 1978 p. 688 | 10 Mar 1978 | |
17 Oct 1980 p. 3583 | 17 Oct 1980 | ||
2 Feb 1982 p. 398 | 2 Feb 1982 (see r. 2) | ||
25 Feb 1983 p. 650-1 | 1 Mar 1983 (see r. 2) | ||
29 Jun 1984 p. 1795 | 1 Jul 1984 (see r. 2) | ||
18 Dec 1987 p. 4458 | 18 Dec 1987 | ||
9 Aug 1991 p. 4232-3 | 9 Aug 1991 (see r. 2 and | ||
1 Jun 1993 p. 2730 | 16 Jun 1993 (see r. 2) | ||
30 Jan 2001 p. 622‑5 | 30 Jan 2001 | ||
30 Nov 2001 p. 6077 | 30 Nov 2001 | ||
28 Nov 2006 p. 4896‑7 | 4 Dec 2006 (see r. 2 and | ||
11 Oct 2007 p. 5477-8 | r. 1 and 2: 11 Oct 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 12 Oct 2007 (see r. 2(b) and | ||
14 Mar 2008 p. 832-4 | 15 Mar 2008 (see r. 2(b) and | ||
9 Oct 2009 p. 3997-8 | r. 1 and 2: 9 Oct 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Oct 2009 (see r. 2(b)) | ||
8 Jan 2010 p. 31‑3 | r. 1 and 2: 8 Jan 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Jan 2010 (see r. 2(b)) | ||
8 Apr 2011 p. 1292‑3 | r. 1 and 2: 8 Apr 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Apr 2011 (see r. 2(b)) | ||
4 Nov 2014 p. 4205-6 | r. 1 and 2: 4 Nov 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Nov 2014 (see r. 2(b)) | ||
23 Dec 2014 p. 4913‑38 | 27 Apr 2015 (see r. 2(b) and | ||
10 Jan 2017 p. 225-7 | 24 Jan 2017 (see r. 2(b) and | ||
7 Feb 2017 p. 1171‑7 | 10 Mar 2017 (see r. 2(b) and | ||
27 Jun 2017 p. 3448‑9 | r. 1 and 2: 27 Jun 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 28 Jun 2017 (see r. 2(b)) | ||
8 Feb 2019 p. 247‑9 | r. 1 and 2: 8 Feb 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Feb 2019 (see r. 2(b)) | ||
SL 2021/58 21 May 2021 | 1 Jul 2021 (see r. 2(b) and SL 2021/54 cl. 2(a)) | ||
The
To see the editorial changes included in a version of a law, see the compare document for that version on the WA Legislation website.
r. 7(2A) | s. 34 | 14 Jun 2024 |
Form................................................................................................................................... 2
subject................................................................................................................................ 2
technologist....................................................................................................................... 2
sampling equipment........................................................................................................ 4
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