Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 55B

Blood and urine samples

55B. Blood and urine samples



(1) If a person undergoes an assessment of drug impairment when required under
section 55A to do so and the assessment, in the opinion of the member of the
police force carrying it out, indicates that the person may be impaired by a
drug or drugs, any member of the police force may require the person to do
either or both of the following-

   (a)  allow a registered medical practitioner or an approved health
        professional nominated by that member to take from the person a sample
        of that person's blood for analysis;

   (b)  furnish to a registered medical practitioner or an approved health
        professional nominated by that member a sample of that person's urine
        for analysis-

and for that purpose may further require the person to accompany a member of
the police force to a place where the sample is to be taken or furnished and
to remain there until the sample has been taken or furnished or until 3 hours
after the driving, being an occupant of or being in charge of the motor
vehicle, whichever is sooner.

(1A) A member of the police force must not require a person to allow a sample
of his or her blood to be taken for analysis under subsection (1)(a) if that
person has already had a sample of blood taken from him or her under section
55 after the driving, being an occupant of or being in charge of the motor
vehicle.

(2) The registered medical practitioner or approved health professional who
takes a sample of blood or is furnished with a sample of urine under this
section must deliver a part of the sample to the member of the police force
who required it to be taken or furnished and another part to the person from
whom it was taken or by whom it was furnished.

(3) A person must not hinder or obstruct a registered medical practitioner or
an approved health professional attempting to take a sample of the blood, or
be furnished with a sample of the urine, of any other person in accordance
with this section.

Penalty: 12 penalty units.

(4) No action lies against a registered medical practitioner or an approved
health professional in respect of anything properly and necessarily done by
the practitioner or approved health professional in the course of taking any
sample of blood, or being furnished with any sample of urine, which the
practitioner or approved health professional believed on reasonable grounds
was required to be taken from, or be furnished by, any person under this
section.

(5) 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 a written report on that assessment prepared by the member of the
police force who carried it out and containing the prescribed particulars must
be served with the summons or, if a summons is not issued, within 7 days after
the making of the charge.