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ROAD TRANSPORT (ALCOHOL AND DRUGS) ACT 1977 - SECT 14

Restrictions on tests etc under this part

    (1)     A police officer must not require a person to undergo a screening test, or provide a sample of the person's breath or oral fluid for analysis under section 12 (Breath analysis) or section 13E (Oral fluid—preliminary analysis)—

        (a)     for an accident—

              (i)     if the person is taken to hospital—if more than 2 hours have elapsed since his or her arrival at the hospital; or

              (ii)     in any other case—if more than 2 hours have elapsed since the accident occurred; or

        (b)     in any other case—if more than 2 hours have elapsed since the person ceased to be the driver of the motor vehicle or the driver trainer in the motor vehicle.

    (2)     If subsection (1) (a) (ii) applies and—

        (a)     a police officer attending the scene of the accident has doubt as to the time when the accident occurred; and

        (b)     the relevant person is found at or near the scene of the accident; and

        (c)     the police officer has reasonable cause to suspect that the person was in the vehicle at the time of the accident;

subsection (1) applies in relation to that person if more than 2 hours have elapsed since the person was found.

    (3)     A police officer must not require a person to undergo a screening test, or provide a sample of the person's breath or oral fluid for analysis under section 12 or section 13E—

        (a)     if it appears to the police officer that it may, because of injury suffered by the person or otherwise, be dangerous or not practicable for the person to undergo the screening test or to provide the sample; or

        (b)     if the person is in hospital and the doctor or nurse practitioner attending the person certifies in writing that, in his or her opinion, complying with the requirement would be prejudicial to the proper care and treatment of the person or dangerous to the person's health; or

        (c)     for a person who is at the place where the person usually lives—

              (i)     unless the person was, or the officer has reasonable cause to suspect that the person was, the driver of or driver trainer in a motor vehicle when it was involved in an accident on a road or road related area; or

              (ii)     unless the officer has reasonable cause to suspect that the person has committed, or was the driver trainer during the commission of, an offence of culpable driving; or

              (iii)     unless the requirement is made immediately after a motor vehicle driven by the person, or in which the person was a driver trainer, has stopped at or near the place where the person usually lives and the officer making the requirement has followed the motor vehicle while it was being driven on the road.

    (4)     If the person is in hospital, the police officer must, before making the requirement, tell the doctor or nurse practitioner attending the person of the officer's intention to make the requirement.

    (5)     In this section:

"screening test" means an alcohol screening test or drug screening test.



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