Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 55D

Preliminary oral fluid tests

55D. Preliminary oral fluid 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 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 oral fluid test by a prescribed device and, for that
purpose, may further require the person, if inside a motor vehicle, to leave
the motor vehicle for the purpose of undergoing the test.

(2) An officer of the Corporation or of the Department of Infrastructure who
is authorised in writing by the Corporation or the Secretary, 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 oral fluid test by a
prescribed device and, for that purpose, may further require the person, if
inside a motor vehicle, to leave the motor vehicle for the purpose of
undergoing the test.

(3) A preliminary oral fluid test must be carried out in accordance with the
prescribed procedure.

(4) The Corporation or the Secretary may only authorise an officer for the
purposes of this section if satisfied that the officer has the appropriate
training to carry out a preliminary oral fluid test in accordance with the
prescribed procedure.

(5) A prescribed device may be comprised of a collection unit and a testing
unit and one or more other parts.

(6) A person required to undergo a preliminary oral fluid test must do so by
placing the prescribed device, or the collection unit of the device, into his
or her mouth and chewing or sucking on it until the member of the police force
or the officer of the Corporation or of the Department of Infrastructure (as
the case requires) is satisfied that a sufficient sample of oral fluid has
been captured by the device or unit.

(7) Without limiting section 54(3), a person required to undergo a preliminary
oral fluid test is required to remain at the place at which the test is being
carried out until the sample of oral fluid provided has been tested by a
prescribed device.

(8) A person is not obliged to undergo a preliminary oral fluid 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.