RP02 EBA PROCEDURES

Question 1

Section 11 LTA 1998

Answer 1

Drivers are not to exceed specified alcohol limits

Question 2

What does RIDS stand for in relation to road safety.

Answer 2

Restraints
Impairment
Distraction
Speed

Question 3

How many road deaths in 2020?

Answer 3

318

Question 4

Under Section 68 (1)(a) breath test who does this apply to?

Answer 4

Any driver of a motor vehicle on any road

Any person attempting to drive a motor vehicle on any road

Question 5

Under Section 68(1)(b) breath test, who does this apply to?

Answer 5

Any person you have good cause to suspect has recently commited an offence against the LTA

Question 6

Reasons to arrest during EBA

Answer 6

Fail or refuse to remain, accompany, to give blood. to give blood by medical practitioner

Power of arres 120(1)a LTA

Question 7

Section 68(2) Can not require person in medical care to undergo breath screening alternative?

Answer 7

Require a doctor to take a blood sample once in hospital care

Question 8

28 day licence suspension conditions

Answer 8

Section 95
Breath over 650
Blood over 130
previous conviction breath over 400 blood over 80
Refuses breath or blood

Question 9

EBA Roadside procedure if passive test is failed

Answer 9

Passive breath test
Obtain Age
Breath screening test
Require to accompany + BOR + Search S85 Arrest if no concent 
Written BOR + Provide BOR oppertunity
Roadside or EBA suite test
Give 12 minutes to elect blood
Request blood
Taker called

Question 10

What do you do if the the offender fails breath/blood sampling?

Answer 10

Summons to court under section 121

Question 11

Alcohol threshhold for under 20

Answer 11

0 alcohol - no offence
1 - 149mcg or 1 - 29mg = $200 50 demerits
Over 149mcg or 29mg = 3Months $2,250 desqual 3 months
Over 400mcg or 80mg (inclusive) section 56 charge same as adult

Previous offences arnt considered for under 20

Question 12

Alcohol threshholds for over 20

Answer 12

249mcg/49mg and under - no offence
between 249mcg and 400mcg $200 50 demerits
between 49mg and 80mg $200 50 demerits
Over 400mcg or 80mg (inclusive) or refuses tesing = 3months $4500 disqual 6months

Question 13

What is the penalty for a driver over 20 exceeding 400mcg or 80mg (inclusive) or refusing testing for a 3rd time?

Answer 13

2 years
$6000
Disqual for more than 1 year

Question 14

What is the infringement fee if you refuse or fail when over 20yo to complete an evidential breath test and end up with a blood result of between 49mg and 80mg?

Answer 14

$700 50 demerits

Question 15

What results can a passive breath test produce?

Answer 15

PASS/FAIL

Question 16

What results can a breath screening test produce?

Answer 16

Under 250mcg
250mcg+ OVER (does not exceed 400mcg)
OVER 400mcg

Question 17

How many attempts are you allowed for an evidentual breath test?

Answer 17

3 attempts and the move to blood sample

Question 18

Under Section 96(1) LTA power to impound vehicles for 28 days when can this be applyed?

Answer 18

400mcg+ or 80mg+ or failed to test and two relevant offences in the last 4 years