Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 53

Preliminary breath tests

53. Preliminary breath tests



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

   (a)  any person he or she finds driving a motor vehicle or in charge of a
        motor vehicle; or

   (b)  the driver of a motor vehicle that has been required to stop, and
        remain stopped at a preliminary testing station under section 54(3);
        or

   (c)  any person who he or she believes on reasonable grounds has within the
        last 3 preceding hours driven or been in charge of a motor vehicle
        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 motor vehicle 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 driving or in

charge of the motor vehicle when it was involved in the accident- to undergo a
preliminary breath test by a prescribed device.

(2) An officer of the Corporation or of the Department of Infrastructure who
is authorised in writing by the Corporation or the Secretary of the Department
of Infrastructure, as the case requires, for the purposes of this section may
at any time require any person he or she finds driving a commercial motor
vehicle or in charge of a commercial motor vehicle to undergo a preliminary
breath test by a prescribed device.

(3) 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 or the officer of the Corporation or of the Department of
Infrastructure.

(4) A person is not obliged to undergo a preliminary breath test if more than
3 hours have passed since the person last drove, was an occupant of or was in
charge of a motor vehicle.