EBA Procedure

Question 1

What Section of the Land Transport Act 1998 stipulates that drivers are not to exceed specified alcohol limits?

Answer 1

Section 11 of the Land Transport Act 1998

Question 2

What is the offence for Section 56(1) of the Land Transport Act 1998?

Answer 2

BREATH exceeds 400mcg of alcohol per LITRE of BREATH

Question 3

What is the offence for Section 56(1A) of the Land Transport Act 1998?

Answer 3

BREATH exceeds 250mcg but DOES NOT exceed 400mcg of alcohol per LITRE of BREATH.

Question 4

What is the offence for Section 56(2) of the Land Transport Act 1998?

Answer 4

BLOOD exceeds 80mg of alcohol per 100ml of BLOOD

Question 5

What is the offence for Section 56(2A) of the Land Transport Act 1998?

Answer 5

BLOOD exceeds 50mg but DOES NOT exceed 80mg of alcohol per 100ml of BLOOD.

Question 6

What is the offence for Section 56(2B) of the Land Transport Act 1998?

Answer 6

BLOOD exceeds 50mg but DOES NOT exceed 80mg of alcohol per 100ml of BLOOD - (Blood specimen taken from someone who refused to under an evidential breath test)

Question 7

What is the offence for Section 58 of the Land Transport Act 1998?

Answer 7

Drives or attempts to drive; under the influence or drink OR drug OR both; to such an extent as to be incapable of having proper control of the vehicle.

Question 8

What is the offence for Section 57(1) of the Land Transport Act 1998?

Answer 8

UNDER 20yrs old

- BREATH exceeds 150mcg of alcohol per litre of BREATH

Question 9

What is the offence for Section 57(2) of the Land Transport Act 1998?

Answer 9

UNDER 20yrs old &

BLOOD exceeds 30mg of alcohol per 100ml BLOOD

Question 10

What is the offence for Section 57(1A) of the Land Transport Act 1998?

Answer 10

UNDER 20yrs old &

BREATH DOES NOT exceed 150mcg of alcohol per litre of BREATH

Question 11

What is the offence for Section 57(2A) of the Land Transport Act 1998?

Answer 11

UNDER 20yrs old &

BLOOD DOES NOT exceed 30mg of alcohol per 100ml or BLOOD

Question 12

What situations can you require a person to undergo a breath screening test without delay?
(Name Sections and Acts)

Answer 12

Section 68(1)(a): Any driver - Of a motor vehicle - on any road - (random stopping)
Section 68(1)(b): Any person - Attempting - To drive a motor vehicle - On any road.
Section 68(1)(c): A driver - of a motor vehicle -Involved in a motor accident -OR- Where the driver is not known - you have good cause to suspect - passengers in a vehicle - involved in a motor accident

Question 13

What MUST you say when you require someone to undergo a breath screening test (BST)?

Answer 13

“I require you to undergo a breath screening test without delay”

Question 14

What must you say when you require someone to accompany you to do an evidential breath test?

Answer 14

I now require you to accompany me to the ____ Police Station (or other such place) for the purpose of an evidential breath test, blood test or both.

Question 15

What situations will you need to require the driver accompany you for the purposes of an evidential breath test, blood test, or both?

Answer 15

• The driver or person refuses or fails to blow into the breath screening device.
• No breath screen device is available (must make diligent effort to get one).
• If the person is 20yrs+ and test reading is “OVER 400”
• If the person is 20yrs + and rest reading is “250+ OVER”
• If the person is under 20yrs and the reading is “UNDER 250”, “250+ OVER” and “OVER 400”

Question 16

What are the 4 arrestable offences under the Land Transport Act 1998 related to EBA?
(Power of arrest comes from Section 120(1)(a) of the Land Transport Act 1998)

Answer 16

1. Fails or Refuses to Remain - Section 59(1)(a)
2. Fails or Refuses to Accompany - Section 59(1)(b)
3. Fails or Refuses to Give Blood When Required by an Enforcement Officer - Section 60(1)(a)
4. Fails or Refuses to Give Blood When Required by a Medical Practitioner - Section 60(1)(b)