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RAIL SAFETY ACT 2009 (NO. 64 OF 2009) - SECT 64
Testing for drugs and alcohol
(1) For the purposes of this section applicable provisions
means (a) Part I of the Road Safety (Alcohol and Drugs) Act 1970 ;
and
(b) Part II, Division 2 (including section 14 ) of that Act; and
(c) Part
III of that Act
as in force from time to time.
(2) Without limiting the application of the
Road Safety (Alcohol and Drugs) Act 1970 to a rail safety worker otherwise
than by virtue of this section, the applicable provisions of the
Road Safety (Alcohol and Drugs) Act 1970 , with the appropriate modifications,
apply to, and in relation to, a rail safety worker on duty or carrying out, or
attempting to carry out, rail safety work.
(3) The appropriate modifications of the applicable provisions of the
Road Safety (Alcohol and Drugs) Act 1970 are as follows: (a) in section 2(1)
of those provisions, in the definition of "prescribed concentration" , the
words "0.05 of a gram" are to be taken to be the words "0.00 of a gram" ;
(b)
a reference in the applicable provisions, in relation to a person, to the
relevant time in relation to a test, an examination or requirement or
direction to submit to the taking of a sample is to be taken, despite
section 2(3A) of those provisions, to be a reference to the time the person
was required or directed to undertake the test, medical examination or to
submit to the taking of the sample;
(c) a reference in the applicable
provisions to (i) a driver; or
(ii) the driving of a vehicle or a
motor vehicle; or
(iii) a person driving, who drove, or who has driven, a
motor vehicle on a public street
is to be taken to be a reference
to a rail safety worker on duty or carrying out, or attempting to carry out,
rail safety work;
(d) a reference in the applicable provisions, (apart from
section 10 ) to a police officer or an approved operator is to be taken to
include a reference to a rail safety officer;
(e) a matter, thing or person
that or who is prescribed or approved for the purposes of that Act is to be
taken to be prescribed or approved, respectively, for the purposes of the
applicable provisions as they apply by virtue of this section;
(f) sections 7D
, 8 and 8A of the applicable provisions do not, by reason only of this
section, apply to a rail safety worker on duty or carrying out, or attempting
to carry out, rail safety work;
(g) in section 9(1) of the applicable
provisions, the words "a person drove a motor vehicle in a public street while
he was in such a condition as to be incapable of driving that vehicle without
risk of danger to other persons" are to be taken to be the words "a rail
safety worker on duty or carrying out, or attempting to carry out, rail safety
work is incapable of undertaking a function or duty of a rail safety worker" ;
(h) section 10(8) of the applicable provisions does not, by reason only of
this section, apply to a rail safety worker attending his or her work as a
rail safety worker;
(i) in section 10A(1) of the applicable provisions, the
words "driver of a vehicle" are to be taken to be omitted;
(j) section 10A(1A)
of the applicable provisions does not, by reason only of this section, apply
to a rail safety worker attending his or her work as a rail safety worker;
(k)
section 22(2) of the applicable provisions is to be taken to include a
reference to all offences under this Act.
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