Victorian Consolidated Regulations

ROAD SAFETY (GENERAL) REGULATIONS 1999 - SECT 209

Particulars of report of assessment of drug impairment

209. Particulars of report of assessment of drug impairment

For the purposes of section 55B(5) of the Act, a report of assessment of drug
impairment must contain the following particulars-

   (a)  particulars of the identity of the person on whom the assessment was
        carried out, including, if known, the person's name, address, date of
        birth and gender;

   (b)  the date and time at which the person underwent the assessment;

   (c)  the place at which the person underwent the assessment;

   (d)  the time (if any) reported to the member of the police force carrying
        out the assessment as the latest time the person drove, was in charge
        of or was an occupant of a motor vehicle;

   (e)  whether the person underwent a preliminary breath test in accordance
        with section 53 of the Act or furnished a sample of breath for
        analysis by a breath analysing instrument and, if so, the result of
        the test or analysis, if known;

   (f)  the record of interview of the person carried out by the member of the
        police force carrying out the assessment;

   (g)  particulars of any medical treatment sought by or for the person;

   (h)  any statements made by the person concerning a drug or drugs;





        (i)    any observations made by the member of the police force
               carrying out the assessment of the person in relation to-

   (i)  any apparent injury or illness of the person;

   (ii) whether the person smelt of intoxicating liquor;

   (iii) the person's speech;

   (iv) the person's eyes;

   (v)  the person's breathing;

   (vi) the person's skin;

   (vii) the person's movement;

   (viii) the person's balance;

   (ix) the state of the person's clothing;

   (x)  the person's actions;

   (xi) the person's demeanour;

   (xii) any physical signs of drug use by the person;

   (xiii) the person's ability to comprehend instructions;

   (xiv) the person's ability to divide attention;

   (xv) whether the person, during the assessment, exhibited signs that
        indicated that the person was impaired by a drug or drugs;

   (j)  whether 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;

   (k)  the name, rank, station and signature of the member of the police
        force carrying out the assessment.