Victorian Consolidated Legislation

Marine Act 1988 - SECT 29

Preliminary breath tests

29. Preliminary breath tests



(1) A member of the police force may at any time require-

   (a)  any person he or she finds in charge of a vessel under way; or

   (ab) any person he or she finds in a vessel under way where the person whom
        the member of the police force finds in charge of the vessel-

   (i)  holds an operator licence which is subject to a condition that that
        person must be accompanied by a licensed operator while in charge of
        the vessel; or

   (ii) is required by regulations under this Act to be accompanied by a
        licensed operator while in charge of the vessel; or

   (b)  any person in charge of a vessel under way who has been required to go
        to a preliminary breath testing station under section 30(3); or

   (c)  any person who he or she believes on reasonable grounds has, within
        the last 3 preceding hours, been in charge of a vessel under way when
        it was involved in an accident; or

   (d)  any person who he or she believes on reasonable grounds was, within
        the last 3 preceding hours, an occupant of a vessel under way when it
        was involved in an accident, if it has not been established to the
        satisfaction of the member of the police force which of the occupants
        was in charge of the vessel when it was involved in the accident-

to undergo a preliminary breath test by a prescribed device.

(2) A person required to undergo a preliminary breath test must do so by
exhaling continuously into the device to the satisfaction of the member of the
police force.

(3) A person is not obliged to undergo a preliminary breath test if more than
3 hours have passed since the person last was in charge of or was an occupant
of a vessel under way.