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PASSENGER TRANSPORT ACT 1990 - SCHEDULE 5

PASSENGER TRANSPORT ACT 1990 - SCHEDULE 5

SCHEDULE 5 – Transport safety employees--alcohol or other drugs

(Section 9C (6))

2 Application of Schedule

This Schedule applies to the testing of transport safety employees for the presence of alcohol or drugs.

3 Regulations

(1) The regulations may make provision for or with respect to the following--
(a) the authorisation of persons (including authorised officers)--
(i) to administer breath tests, breath analyses or other tests for the purpose of detecting the presence of alcohol or drugs, and
(ii) to operate equipment for that purpose,
(b) the circumstances when tests for detecting the presence of alcohol or drugs may be conducted, including (but not limited to) random testing and testing of employees when about to carry out, or while on duty for the purpose of carrying out, transport safety work,
(c) the conduct of testing, which may include the taking of blood or urine samples or other body tissues or fluids,
(d) the taking of samples of blood or urine or other body tissues or fluids,
(e) the devices used in carrying out breath tests, breath analyses and other tests, including the calibration, inspection and testing of those devices,
(f) the accreditation of persons conducting analyses for the presence of drugs,
(g) the procedure for the handling and analysis of samples of blood or urine or other body tissues or fluids,
(h) offences relating to the carrying out of transport safety work while under the influence of alcohol or any other drug,
(i) offences relating to the carrying out of transport safety work while the prescribed concentration of alcohol is present in the employee's breath or blood,
(j) offences relating to the carrying out of transport safety work while a drug (other than alcohol), or a prescribed concentration or amount of any such drug, is present in the employee's blood or urine or other body tissues or fluids,
(k) offences relating to refusal or failure to undergo tests or otherwise comply with test procedures or interference with test results,
(l) offences relating to refusal or failure to administer tests or take samples or to do so in accordance with required procedures,
(m) evidence in proceedings as to matters relating to drug and alcohol testing,
(n) without limiting paragraph (m), the use of certificates as to concentration of alcohol or presence of drugs as evidence of the matters stated in the certificate in proceedings for offences,
(o) confidentiality of test results,
(p) protection against liability for persons administering tests or taking samples of blood or urine or other body tissues or fluids,
(q) disciplinary action that may be taken consequent on a breach of regulations made under this clause.
(2) An offence under a regulation made under this clause relating to the carrying out of transport safety work by a transport safety employee while under the influence of alcohol or any other drug or while the prescribed concentration of alcohol or prescribed concentration or amount of another drug is present in the employee's breath, blood or urine, a refusal or failure by a transport safety employee to undergo tests or otherwise comply with test procedures or to interference by a transport safety employee with test results, may, in addition to the penalty provided for by section 63 for offences under the regulations, be punishable by a period of imprisonment not exceeding 9 months.
(3) Subject to the regulations, section 109 (Measurement of alcohol concentrations) of the Road Transport Act 2013 applies in relation to the measurement of the concentration of alcohol in a person's breath or blood for the purposes of the regulations in the same way as it applies for the purposes of that Act.