EBA Process Flashcards
What other options could you consider for EBA offences?
Power to suspend licence
What form do we need to fill out for land transport breath tests?
Notice 2009
What MUST you advise if a driver fails a PASSIVE TEST?
(I have reason to believe you have been drinking alcohol) I now require you to under go a BREATH SCREENING TEST (BST) without delay
What are the 5 situations you can require a person to undergo a BST without delay?
1) Under 250 FTG
2) Unless under 20yrs RTA
3) Over 250+
4) Under 20yrs RTA
5) Over 400+ RTA
If they fail the BST what MUST you advise?
- I n r y t a m t t ….. or o s p f t p o a EBT, BT or b
Now detained under LTA 1998, under what Act and section can you search the person?
RAN them under S S Act 2012, S.85
What MUST you advise before the EBT, BT or both?
I n r y t u/g a EBT w/o d
How else could you consider dealing with the driver if they blow under?
S.121 FARMED
Where do our K9 POA come from?
LTA 1998, S.59
How long can a person wait to make a decision of either a BREATH or BLOOD test?
10minutes (give 12minutes)
BREATH route….
Issue TON, summons etc.. if under 17yrs DONT summons, complete file and forward to YAS
BLOOD route….
- K9 if fail to give blood
- K9 if fails to give bloods to doctor
- Serve TON and summons
LTA 1998, S.95 is what?
MANDATORY to Suspend D/L for 28days
S.95 applies to drivers who…
- Breath over 650
- Blood over 130
- Fails/refuses to give blood to Police
- Drives over 50kmh in zone
Limit for drivers under 20yrs for
S.57(1) Breath and S.57(2) blood?
(1) Breath over 150 (2) Blood over 30
Penalty for S.57(1) and (2)?
Both; 3mnthsIMP/$2250/disq3mnths
Limit for drivers under 20yrs for
S.57(1A) Breath and (2A) blood?
- S.57 (1A) Breath NOT over 150 Prec code A523
- S.57 (2A) Blood NOT over 30 Prec code A328
Penalty for S.57(1A) and (2A)?
Both; ION $200/50 demerits
First type of testing?
Passive Breath Test speaking name and address into the end of sniffer i.e if fails I r y t u/g a b s t w/o d
Second type of testing?
Breath Screening Test BST blowing into the tube of the sniffer
Third type of testing?
Evidential Breath Test EBT blowing into machine at station or booze bus
EBA offences S.59(1)
(a) Fails to remain for BST until result is known
(b) Fails/refuses to accompany for EBT, blood or both
(c) Having accompanied but fails/refuses to remain at place of test
EBA offences
S.60 (1)
(a) Fails/refuses to give blood to Police
(b) Fails/refuses to give blood to Medical Practitioner
Verify a drivers age, you are entitled to regard a driver as under 20yrs if;
- D/L shows is under 20yrs
- Produce D/L showing they are over 20yrs but you believe;
is not the drivers own licence, D/L is invalid, is under 20yrs, - Fails to produce D/L and cannot satisfy you by some other means that they are over 20yrs
Require to accompany when…
- Driver/person being tested fails/refuses to blow into the breath screening device
- NO breath screening device is available
- if the person is 20yrs+ and test reads 400+
- if the person is 20yrs+ and test reads 250+
- if the person is UNDER 20yrs and test reads under 250, 250+, 400+
Refusal to accompany…
WARN they MAY be arrested for failing to accompany you and if arrested bail will be considered
POL515…
You MUST read PART H of the form out loud to the person
EBT
i n r y t u/g an e b t w/o d
If a person formally requests a blood test
They MUST have the test or will face a charge of refusing to give a blood sample in addition to a charge of excess breath alcohol
CONSENT of driver for blood
- is under the care/treatment of hospital/DR MUST permit a blood specimen to be taken
- is unconscious the medical practitioner MAY take a blood specimen
CONDITIONS for taking blood
- satisfied that the taking of a blood specimen would not be PREJUDICIAL to the person proper care and treatment
- tell the person blood is being taken for evidential purposes
- RGTS that the person is in the hospital as a result of an crash involving a vehicle
Officer can request blood but who MUST take it?
The doctor. Practitioner/GP/DR can act on own initiative when a driver/suspected driver is at a surgery/hospital because they are injured in a MV accident and DR suspects alcohol is involved