Road Transport (Alcohol and Drugs) Regulations 1977 (ACT)
Regulations 1977 No. 26
Regulations under the Motor Traffic {Alcohol and Drugs)
Ordinance 1977.*
I, A N T H O N Y A L L A N STALEY, the Minister of State for the Capital Terri tory, hereby make the following Regulations under the Motor Traffic (Alcohol and
| Drugs) | Ordinance | 1977. |
Dated this twenty-seventh day of October, 1977.
A. A. S T A L E Y Minister of State for the Capital Terri tory.
M O T O R T R A F F I C ( A L C O H O L A N D D R U G S ) R E G U L A T I O N S
1 . These Regulations may be cited as the Motor Traffic (Alcohol and Drugs) Regulations.
| 2 . In these Regulations, " the Ordinance " means the Motor | Traffic | (Alcohol |
| and Drugs) | Ordinance | 1977. |
3. (1) The procedures to be followed by an approved operator—
(a) immediately before commencing an analysis of a sample of the breath of a person; (b ) during the analysis of a sample of the breath of a person; and
(c) immediately after the completion of the analysis of a sample of the breath of a person,
by means of an instrument of the type known as " Brea tha lyzer" to which is affixed a label bearing, in addition to other material, the expressions " Model 1000 " and " U . S . Patent 2,824,789 " are those specified, respectively, in Parts 1, 2 and 3 of Schedule 1.
(2 ) A reference in Parts 1 and 3 of Schedule 1 to a solution of standard alcohol shall be read as a reference to a solution of ethyl alcohol and distilled water in the proport ion of 1.21 grams of ethyl alcohol per litre of solution.
4 . The approved operator shall not use an instrument of the type described
in regulation 3 in the analysis of a sample of the breath of a person, unless in
carrying out the procedures specified in Part 1 of Schedule 1—
(a)
the temperature shown on the thermometer immersed in the solution of s tandard alcohol immediately before the air was passed into the chamber was not less than 33.8° Celsius or more than 34.2° Celsius; or
(b)
the result of the analysis, as shown by the instrument, of the air passed through the solution of standard alcohol was not less than .093 and was not more than .106.
| * Notified in the Commonwealth | of Australia | Gazette | on 3 November 1977. |
5. The analysis of the sample of the breath of a person carried out by an instrument of the type described in regulation 3 shall be disregarded for the purposes of the Ordinance unless, in carrying out the procedures specified in Part 3 of Schedule 1, the result of the analysis, as shown by the instrument, of the air passed through the solution of standard alcohol was not less than .093 and was not more than .106.
6. (1) The procedures to be followed by an approved operator—
(a) immediately before commencing an analysis of a sample of the breath of a person; (b) during the analysis of a sample of the breath of a person; and
(c) immediately after the completion of the analysis of a sample of the breath of a person,
by means of an instrument of the type known as " Breathalyzer" to which is affixed a label bearing, in addition to other material, the expressions " Model 900 " and " U.S. Patent 2,824,789 " are those specified, respectively, in Parts 1, 2 and 3 of Schedule 2.
(2 ) A reference in Parts 1 and 3 of Schedule 2 to a solution of standard alcohol shall be read as a reference to a solution of ethyl alcohol and distilled water in the proportion of 3.36 grams of ethyl alcohol per litre of solution.
7. An approved operator shall not use an instrument of the type described in regulation 6 in the analysis of a sample of the breath of a person unless—
(a) while carrying out the procedures specified in Part 1 of Schedule 2 —
(i) the galvanometer forming part of the instrument was completely released;
(ii) the temperature shown on the thermometer immersed in the solution of standard alcohol immediately before air was passed through the solution was not less than 9.5° Celsius and not more than 34° Celsius; and
(iii) the temperature shown on the thermometer forming part of the instrument immediately before air was passed through the solution was not less than 47° Celsius and not more than 53° Celsius; or
(b) the result of the analysis, carried out by means of the instrument, of the air passed through the solution of standard alcohol was within
temperature range specified in Column 1 of that Schedule within the range specified in Column 2 of Schedule 3 opposite to the which was the temperature shown on the thermometer immersed in the solution of standard alcohol used in those procedures.
8. The analysis of the sample of the breath of a person carried out by an instrument of the type described in regulation 6 shall be disregarded for the purposes of the Ordinance unless, in carrying out the procedures specified in Part 3 of Schedule 2 the result, as shown by the instrument, of the analysis of air pumped through the solution of standard alcohol was within the range specified in Column 2 of Schedule 3 opposite to the temperature range specified in Column 1 of that Schedule within which was the temperature shown on the thermometer immersed in the solution of standard alcohol used in carrying out those procedures.
9. A written statement referred to in sub-section 12(5) of the Ordinance shall contain the particulars set out in Part 1 or Part 2, as the case requires, of Schedule 4.
1 0 . (1) An approved analyst and an approved operator are specified persons for the purposes of paragraph 41 (e ) of the Ordinance.
(2 ) An approved analyst may state in a certificate given for the purposes of paragraph 41 (e) of the Ordinance that, on a specified date—•
(a)
he prepared a solution consisting of ethyl alcohol and distilled water in the proportion of a specified number of grams of ethyl alcohol per litre of solution:
(b) he allotted a batch number to the solution;
(c) the solution was placed into containers, each of which was sealed and delivered to an approved operator; and (d) each of the containers bore a label signed by him and on which was endorsed the date of preparat ion of the solution, the proport ion of ethyl alcohol per litre of solution and the batch number .
( 3 ) An approved operator may state in a certificate given for the purposes of paragraph 41 (e) of the Ordinance that, in following the procedures specified in Part 1 of Schedule 1 or Part 1 of Schedule 2 immediately before a specified person was required to submit a sample of breath for analysis and the procedures specified in Part 3 of Schedule 1 or Part 3 of Schedule 2 immediately after the carrying out of an analysis of the sample of breath provided by that person or any of those procedures, he used a solution taken by him from a sealed container to which was affixed a label marked in the manner specified in the certificate.
S C H E D U L E 1 R e g u l a t i o n 3
| P R O C E D U R E S | T O | B E | F O L L O W E D | W H E N | M O D E L | 1000 | I N S T R U M E N T | IS | U S E D |
P A R T 1 — P R O C E D U R E S B E F O R E C O M M E N C I N G B R E A T H A N A L Y S I S
| T h e | a p p r o v e d | operator | s h a l l — |
( a ) c h e c k that the letters " W A I T " are n o t i l luminated o n the display pane l o f the instrument;
(b) insert in the instrument a numbered record card to take in triplicate the print-out by the ins trument of the results of the ana lyses and record the number of the
card;( c )
read and record the temperature s h o w n o n the t h e r m o m e t e r i m m e r s e d in a
so lu t ion of s tandard a l c o h o l and fill the c h a m b e r of the ins trument in w h i c h
air or breath is c o l l e c t e d by pass ing air in to the c h a m b e r through the so lu t ion
of s tandard a l c o h o l ; (d) read and record the result of the analysis of that air as shown by the instrument; and
( e ) ensure that the test record card remains inserted in the ins trument .
P A R T 2 — P R O C E D U R E S D U R I N G B R E A T H A N A L Y S I S
| T h e | approved | operator | s h a l l — |
( a ) c h e c k that the letters " W A I T " are n o t i l luminated o n the display p a n e l o f the ins trument and that the record card remains inserted in the ins trument;
( b ) provide an u n u s e d m o u t h p i e c e for use by the person required to prov ide a sample of h is breath for breath analys i s ;
( c )
after the person has prov ided a s a m p l e o f h is breath for analys i s by the ins trument and the analys i s of the s a m p l e has b e e n carried out by the instrument , read and record the result of the analys i s of the s a m p l e as s h o w n by the
ins trument; and ( d ) ensure that the record card remains inserted in the ins trument .
P A R T 3 — P R O C E D U R E S AFTER B R E A T H A N A L Y S I S
| T h e | a p p r o v e d | operator | s h a l l — |
( a ) c h e c k that the letters " W A I T " are n o t i l luminated o n the display p a n e l o f the ins trument and that the record card remain-: inserted in the ins trument;
2 5 1 3 7 / 7 9 - 2 2
SCHEDULE ! -continued
(b)
read and record the temperature shown on the thermometer immersed in a solution of standard alcohol and fill the chamber of the instrument in which air or breath is collected by passing air into the chamber through the solution of standard alcohol;
(c)
read and record the result of the analysis of that air as shown by the instrument; and
(d)
remove the record card from the instrument and attach one part of it to the statement referred to in section 1 2 ( 5 ) of the Ordinance.
SCHEDULE 2 Regulation 6
PROCEDURES TO BE FOLLOWED WHEN MODEL 900 INSTRUMENT IS USED
PART 1—PROCEDURES BEFORE COMMENCING BREATH ANALYSIS
The approved operator shall—
(a)
flush out the chamber of the instrument in which air or breath is collected by pumping air into the chamber;
(b)
read and record the temperature shown on the thermometer forming part of the instrument;
(c)
read and record the temperature shown on the thermometer immersed in a solution of standard alcohol and fill the chamber of the instrument in which air or breath is collected by pumping air into the chamber through that solution of standard alcohol, and, if the temperature shown on the thermometer immersed in the solution is 19° Celsius or less, again fill the chamber by pumping air into the chamber through the solution of standard alcohol;
(d)
carry out the analysis of that air and record the result of the analysis of that air as shown by the instrument; and
(e) flush out the chamber with air.
PART 2—PROCEDURES DURING BREATH ANALYSIS
The approved operator shall—
(a) set the scale pointer forming part of the instrument on the starting line;
(b)
provide an unused mouthpiece for use by the person required to provide a sample of his breath for breath analysis;
(c)
read and record the temperature shown on the thermometer forming part of the instrument; and
(d)
after the person has provided a sample of his breath for analysis, carry out the analysis of the sample of breath and record the result of the analysis as shown by the instrument.
PART 3—PROCEDURES AFTER BREATH ANALYSIS
The approved operator shall— (a)
flush out the chamber of the instrument in which air or breath is collected by pumping air into the chamber;
(b)
read and record the temperature shown on the thermometer forming part of the instrument;
(c)
read and record the temperature shown on the thermometer immersed in a solution of standard alcohol and fill the chamber of the instrument in which air or breath is collected by pumping air into the chamber through that solution of standard alcohol, and, if the temperature shown on the thermometer immersed in the solution is 1 9 ° Celsius or less, again fill the chamber by pumping air into the chamber through the solution of standard alcohol;
(d)
carry out the analysis of that air and record the result of the analysis of that air as shown by the instrument; and
(e) flush out the chamber with air.
S C H E D U L E 3 Regulation 7
TABLE O F R E A D I N G S FOR M O D E L 900 WHEN TESTED WITH S T A N D A R D
A L C O H O L SOLUTION
Column 1 Column 2
Temperature range in degrees Celsius Range
Not less than— And less than— Minimum Maximum 10 10.5 .095 .120 10.5 II .099 .124
11 , 11.5 .103 .128 11.5 12 .108 .133 12 12.5 .112 .137 12.5 1.1 .117 .142 13 11.5 .121 .146 13.5 14 .126 .151 14 14.5 .131 .156 14.5 15 .135 .160 15 15.5 .139 .164 15.5 16 .144 .169 16 16.5 .149 .174 16.5 17 .153 .178 17 17.5 .157 .182 17.5 18 .162 .187 18 18 5 .166 .191 18.5 19 .171 .196 19 19.5 .175 .200 19.5 20 .085 .110 20 20.5 .090 .115 20 .5 21 .095 .120 21 21.5 .097 .122 21 .5 22 .102 .127 22 22.5 .105 .130 22 .5 23 .110 .135 23 23.5 .115 .140 23.5 24 .120 .145 24 24.5 .125 .150 24.5 25 ,130 .155 25 25 5 .135 .160 25 .5 26 .140 .165 26 26.5 .145 .170 26 .5 27 .152 .177 27 27.5 .158 .183 27.5 28 .165 .190 28 28.5 .170 .195 28.5 29 .175 .200 29 29.5 .185 .210 29.5 30 .192 .217
30 30.5 .200 .225 30.5 31 .206 .231 31 31.5 .215 .240 31.5 32 .220 .245 32 32.5 .230 .255 32 .3 31 .234 .259 33 33.5 .240 .265 33.5 34 .250 .275 34 14.5 .260 .285
S C H E D U L E 4 Regulation 9 (1)
MOTOR T R A F F I C (ALCOHOL A N D D R U G S ) O R D I N A N C E 1977
PART 1—PARTICULARS TO BE INCLUDED IN A WRITTEN STATEMENT UNDER SECTION 12 (5) W H E N BREATH ANALYSIS IS CARRIED OUT BY MEANS OH' AN INSTRUMENT OF THE TYPE R E H I R E D TO I N REGULATION 3 (1)
1. The date on which, and the time and place at which, the requirement to provide a
sample of breath for breath analysis was made.
SCHEDULE A-continued
2. The type of instrument used in carrying out the breath analysis.
3. The temperature shown on the thermometer immersed in the solution of standard
alcohol—
(a)
immediately before the analysis of air referred to in Part 1 of Schedule 1 was carried out; and
(b)
immediately before the analysis of air referred to in Part 3 of Schedule 1 was carried out.
4. The result, as shown by the instrument, of each analysis of air passed into the
instrument through the solution of standard alcohol—
(a)
used in following the procedures immediately before carrying out the breath analysis; and
(b) used in following the procedures immediately after carrying out the breath analysis.
5. The result of the breath analysis as shown by the instrument.
6. The serial number of the card used during the procedures before, during, and after, the carrying out of the breath analysis and the results, as recorded on that card, of the analyses of air and of the sample of breath made during those procedures.
PART 2—PARTICULARS TO BE INCLUDED IN A WRITTEN STATEMENT UNDER SECTION 12 (5) WHEN BREATH ANALYSIS IS CARRIED OUT BY MEANS OF AN INSTRUMENT OF THE TYPE REFERRED TO IN REGULATION 6 (1)
1. The date on which, and the time and place at which, the requirement to provide a
sample of breath for breath analysis was made.
2. The type of instrument used in carrying out the breath analysis.
3. The temperature shown on the thermometer forming part of the instrument—
(a)
immediately before the analysis of air referred to in Part 1 of Schedule 2 was carried out;
(b) immediately before the sample of breath was provided for breath analysis; and
(c)
immediately before the analysis of air referred to in Part 3 of Schedule 2 was carried out.
4. The temperature shown on the thermometer immersed in the solution of standard
alcohol—
(a)
immediately before the analysis of air referred to in Part 1 of Schedule 2 was carried out; and
(b)
immediately before the analysis of air referred to in Part 3 of Schedule 2 was carried out.
5. The result, as shown by the instrument, of each analysis of air pumped into the
instrument through the solution of standard alcohol—
(a) in following the procedures immediately before the breath analysis; and
(b) in following the procedures immediately after the breath analysis.
6. The result of the breath analysis as shown by the instrument.
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