Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 55A

Drug assessment

55A. Drug assessment



(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 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; or

   (e)  any person whom he or she has required under section 53 to undergo a
        preliminary breath test; or

   (f)  any person required under section 55 to furnish a sample of breath or
        from whom a sample of blood was required to be taken under section
        55(9A)-

to undergo an assessment of drug impairment if, in the opinion of the member,
that person's behaviour or appearance indicates that he or she may be impaired
for a reason other than alcohol alone and for that purpose may further require
the person to accompany a member of the police force to a place where the
assessment is to be carried out and to remain there until the assessment has
been carried out or until 3 hours after the driving, being an occupant of or
being in charge of the motor vehicle, whichever is sooner.

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

(3) An assessment of drug impairment must be carried out by a member of the
police force authorised to do so by the Chief Commissioner of Police.

(4) An assessment of drug impairment must be carried out in accordance with
the procedure specified in a notice under subsection (5).

(5) The Corporation may, by notice published in the Government Gazette,
specify the procedure to be followed in assessing drug impairment.

(6) The carrying out of an assessment of drug impairment must be
video-recorded unless the prosecution satisfies the court that a
video-recording has not been made because of exceptional circumstances.

(7) If the person on whom an assessment of drug impairment was carried out is
subsequently charged with an offence under paragraph (ba) of section 49(1), a
copy of the video-recording, if any, must be served with the summons or, if a
summons is not issued, within 7 days after the making of the charge.

(8) Subject to subsection (9), the video-recording of the carrying out of an
assessment of drug impairment on a person is only admissible in a proceeding
against that person for an offence against this Act for the purpose of
establishing that the assessment of drug impairment was carried out in
accordance with the procedure specified in a notice under subsection (5).

(9) Evidence obtained as a result of an assessment of drug impairment carried
out on a person is inadmissible as part of the prosecution case in proceedings
against that person for any offence if the video-recording of the assessment
and any related material and information should have been but has not been
destroyed as required by section 55C.





(10) In any proceeding under this Act-

   (a)  the statement of any member of the police force that on a particular
        date he or she was authorised by the Chief Commissioner of Police
        under subsection (3) to carry out an assessment of drug impairment; or

   (b)  a certificate purporting to be signed by the Chief Commissioner of
        Police that a member of the police force named in it is authorised by
        the Chief Commissioner under subsection (3) to carry out an assessment
        of drug impairment-

is admissible in evidence and, in the absence of evidence to the contrary, is
proof of the authority of that member.