Victorian Numbered Acts Victorian Numbered Acts(1) A transport safety officer may at any time require a rail safety worker whom he or she believes on reasonable grounds is about to carry out rail safety work to undergo a preliminary breath test by a prescribed device before carrying out that work.
(2) A transport safety officer or, subject to sub-section (3), a member of the police force may require—
(a) a rail safety worker whom he or she believes on reasonable grounds—
(i) is carrying out rail safety work; and
(ii) has alcohol present in his or her breath; or
(b) a rail safety worker whom he or she believes on reasonable grounds has within the last 3 preceding hours carried out rail safety work on a railway when an accident or irregular incident occurred involving the rail safety worker—
to undergo a preliminary breath test by a prescribed device.
(3) A member of the police force only has power to require a rail safety worker to undergo a preliminary breath test under sub-section (2)(b) in the case of an irregular incident if—
(a) he or she has contacted a person nominated for the purposes of this provision by the person or body responsible for the operation of the railway; and
(b) the person contacted has confirmed that an irregular incident did occur and has agreed that it is appropriate to conduct a preliminary breath test; and
(c) that person is unable or likely to be unable, after making all reasonable efforts, to arrange for a preliminary breath test to be conducted on the rail safety worker by a transport safety officer within the 3 hours period.
(4) A rail safety worker required to undergo a
preliminary breath test must do so by exhaling continuously into the device to
the satisfaction of the transport safety officer or member of the police
force.
s. 77
(5) A rail safety worker is not obliged to undergo a preliminary breath test if more than 3 hours have passed since the rail safety worker last carried out rail safety work.
(6) A rail safety worker who, in the course of a period of duty is unexpectedly required to carry out rail safety work, may request a transport safety officer to conduct on him or her a preliminary breath test by a prescribed device.
(7) A transport safety officer must comply with a request made under sub-section (6).
Penalty: 12 penalty units.
(8) The result of a preliminary breath test conducted under this section is not admissible against the rail safety worker tested in a proceeding for an offence against section 76(1).
(9) However, the result of a preliminary breath test that was conducted under this section is admissible against the rail safety worker tested in a disciplinary proceeding unless the test was conducted at the request of the rail safety worker under sub-section (6).
(10) A member of the police force who conducts a preliminary breath test under this section must ensure that the operation of the railway is disrupted no more than is reasonably necessary as a result of the testing.