{"ActId":0,"CurrentPage":2,"EndPage":3,"Query":"prescribed concentration of alcohol","Results":[{"ActId":2632,"FileName":"reg_LOF.CAP176.BTRFJ00.REG11.htm","Html":"
[LAT 15,950] Miscellaneous
(1) It is a defence for a person charged with an offence under section 103(1)(a) or 105(1) to prove that at the time the person is alleged to have committed the offence there was no likelihood of his or her driving the vehicle whilst the proportion of alcohol in his or her breath or blood remained likely to exceed the prescribed limit.
(2) In proceedings for an offence under section 103(1)(a) or 105(1) a certificate purporting to be signed by a police officer stating any of the following facts\u2014
(a)the officer is authorised by the Commissioner of Police to operate breath analysing instruments;
(b)the person named in the certificate submitted to a breath analysis;
(c)the apparatus used by the officer to make the breath analysis was a breath analysing instrument within the meaning of these regulations;
(d)the apparatus was in proper working order and adjusted correctly;
(e)the apparatus was properly operated;
(f)the analysis was made on the day and completed at the time stated in the certificate;
(g)the breath analysing instrument showed a concentration of alcohol in the breath expressed in microgrammes of alcohol in 100 millilitres of breath on the day and at the time stated in the certificate; and
(h)a statement required by regulation 5(5) was delivered in accordance with that subregulation,
is prima facie evidence of the matters stated in the certificate.
(3) In proceedings for an offence under this regulation, the prosecution may re-open its case at any time before judgment is given, and may adduce further evidence in rebuttal of any evidence raised by the defendant.
(4) These Regulations have effect notwithstanding anything contained in any contract of insurance and the contract is void to the extent that it excludes, limits, modifies or restricts the operation of these Regulations.
","LegalId":"LOF.CAP176.BTRFJ00.REG11","ParentSection":[{"LegalId":"LOF.CAP176.BTRFJ00.BODY","ParentId":"LOF.CAP176.LTAFJ98.BODY","Title":"LAND TRANSPORT (BREATH TESTS AND ANALYSES) REGULATIONS 2000"}],"Text":"[LAT 15,950] Miscellaneous (1) It is a defence for a person charged with an offence under section 103(1)(a) or 105(1) to prove that at the time the person is alleged to have committed the offence there was no likelihood of his or her driving the vehicle whilst the proportion of alcohol in his or her breath or blood remained likely to exceed the prescribed limit. (2) In proceedings for an offence under section 103(1)(a) or 105(1) a certificate purporting to be signed by a police officer stating any of the following facts\u2014 (a) the officer is authorised by the Commissioner of Police to operate breath analysing instruments; (b) the person named in the certificate submitted to a breath analysis; (c) the apparatus used by the officer to make the breath analysis was a breath analysing instrument within the meaning of these regulations; (d) the apparatus was in proper working order and adjusted correctly; (e) the apparatus was properly operated; (f) the analysis was made on the day and completed at the time stated in the certificate; (g) the breath analysing instrument showed a concentration of alcohol in the breath expressed in microgrammes of alcohol in 100 millilitres of breath on the day and at the time stated in the certificate; and (h) a statement required by regulation 5(5) was delivered in accordance with that subregulation, is prima facie evidence of the matters stated in the certificate. (3) In proceedings for an offence under this regulation, the prosecution may re-open its case at any time before judgment is given, and may adduce further evidence in rebuttal of any evidence raised by the defendant. (4) These Regulations have effect notwithstanding anything contained in any contract of insurance and the contract is void to the extent that it excludes, limits, modifies or restricts the operation of these Regulations.","Title":"[LAT 15,950] reg 11 Miscellaneous"},{"ActId":2632,"FileName":"reg_LOF.CAP176.BTRFJ00.REG10.htm","Html":"
[LAT 15,945] Evidence from blood sample
(1) If a sample of blood is taken for analysis pursuant to regulation 5(4)(a) it must be taken by a medical practitioner nominated by a police officer and in the presence of that police officer at a hospital or other place nominated by the officer.
(2) A medical practitioner who takes a sample of a person\u2019s blood pursuant to regulation 5(4)(a) must hand the sample of blood, enclosed in a suitable sealed container, to the police officer present at the time the sample was taken.
(3) In proceedings for an offence under section 103(1)(a) or 105(1) evidence may be given of the concentration of alcohol present in the blood of the person charged, determined by an analysis made of the blood taken pursuant to regulation 5(4)(a), and the concentration of alcohol so determined is presumed to be the concentration of alcohol in the blood of that person at the time of the occurrence of the event referred to in section 103(1)(a) or 105(1) if the blood sample was taken within 2 hours after the relevant event, unless the defendant proves that the concentration of alcohol in his or her blood at the time of the relevant event was less than the prescribed limit.
","LegalId":"LOF.CAP176.BTRFJ00.REG10","ParentSection":[{"LegalId":"LOF.CAP176.BTRFJ00.BODY","ParentId":"LOF.CAP176.LTAFJ98.BODY","Title":"LAND TRANSPORT (BREATH TESTS AND ANALYSES) REGULATIONS 2000"}],"Text":"[LAT 15,945] Evidence from blood sample (1) If a sample of blood is taken for analysis pursuant to regulation 5(4)(a) it must be taken by a medical practitioner nominated by a police officer and in the presence of that police officer at a hospital or other place nominated by the officer. (2) A medical practitioner who takes a sample of a person\u2019s blood pursuant to regulation 5(4)(a) must hand the sample of blood, enclosed in a suitable sealed container, to the police officer present at the time the sample was taken. (3) In proceedings for an offence under section 103(1)(a) or 105(1) evidence may be given of the concentration of alcohol present in the blood of the person charged, determined by an analysis made of the blood taken pursuant to regulation 5(4)(a) , and the concentration of alcohol so determined is presumed to be the concentration of alcohol in the blood of that person at the time of the occurrence of the event referred to in section 103(1)(a) or 105(1) if the blood sample was taken within 2 hours after the relevant event, unless the defendant proves that the concentration of alcohol in his or her blood at the time of the relevant event was less than the prescribed limit.","Title":"[LAT 15,945] reg 10 Evidence from blood sample"},{"ActId":2632,"FileName":"reg_LOF.CAP176.BTRFJ00.REG9.htm","Html":"
[LAT 15,940] Evidence from breath analysis
(1) In proceedings for an offence under section 103(1)(a) or 105(1) evidence may be given of the concentration of alcohol present in the blood of the person charged, as determined by a breath analysing instrument operated by a police officer authorised in that behalf by the Commissioner of Police, and the concentration of alcohol determined as aforesaid is deemed to be the concentration of alcohol in the blood of that person at the time of the occurrence of the event referred to in section 103(1)(a) or 105(1) where the breath analysis was done within 2 hours after the event, unless the defendant proves that the concentration of alcohol in his or her blood at the time of that event was less than the prescribed limit.
(2) The fact that a person has undergone a breath test or submitted to a breath analysis and the result of a breath test or breath analysis are not, for the purposes of any contract of insurance, admissible as evidence of the fact that the person was at any time under the influence of or affected by alcohol or incapable of driving or of exercising effective control over a motor vehicle, but nothing in this regulation precludes the admission of any other evidence, including evidence of a conviction under section 102(1), 103(1) or 105(1) of the Act to show any such fact.
","LegalId":"LOF.CAP176.BTRFJ00.REG9","ParentSection":[{"LegalId":"LOF.CAP176.BTRFJ00.BODY","ParentId":"LOF.CAP176.LTAFJ98.BODY","Title":"LAND TRANSPORT (BREATH TESTS AND ANALYSES) REGULATIONS 2000"}],"Text":"[LAT 15,940] Evidence from breath analysis (1) In proceedings for an offence under section 103(1)(a) or 105(1) evidence may be given of the concentration of alcohol present in the blood of the person charged, as determined by a breath analysing instrument operated by a police officer authorised in that behalf by the Commissioner of Police, and the concentration of alcohol determined as aforesaid is deemed to be the concentration of alcohol in the blood of that person at the time of the occurrence of the event referred to in section 103(1)(a) or 105(1) where the breath analysis was done within 2 hours after the event, unless the defendant proves that the concentration of alcohol in his or her blood at the time of that event was less than the prescribed limit. (2) The fact that a person has undergone a breath test or submitted to a breath analysis and the result of a breath test or breath analysis are not, for the purposes of any contract of insurance, admissible as evidence of the fact that the person was at any time under the influence of or affected by alcohol or incapable of driving or of exercising effective control over a motor vehicle, but nothing in this regulation precludes the admission of any other evidence, including evidence of a conviction under section 102(1) , 103(1) or 105(1) of the Act to show any such fact.","Title":"[LAT 15,940] reg 9 Evidence from breath analysis"},{"ActId":2632,"FileName":"reg_LOF.CAP176.BTRFJ00.REG5.htm","Html":"
[LAT 15,920] Procedures for breath tests and breath analyses
(1) A police officer may enter any premises without a warrant for the purpose of administering a breath test or breath analysis required by section 104(1).
(2) If\u2014
(a)it appears to a police officer in consequence of a breath test carried out by the officer on a person under section 104(1) that there is present in that person\u2019s breath a concentration of alcohol of more than 35 microgrammes per 100 millilitres of blood;
(b)a person required by a police officer under section 104(1) to undergo a breath test refuses to undergo the test in accordance with the directions of that officer; or
(c)a breath testing device is not immediately available and the police officer has reasonable cause to believe the person may have a concentration of alcohol of more than the prescribed limit,
the officer may arrest the person without warrant and take the person or cause the person to be taken, with reasonable force as may be necessary, to a police station or any other place as the officer considers desirable and there detain the person or cause the person to be detained for the purposes of breath analysis.
(3) A police officer may require a person who has been arrested under subregulation (2) to submit, in accordance with the directions of the officer, to a breath analysis.
(4) A police officer must not require a person to undergo a breath test or to submit to a breath analysis if\u2014
(a)the person has been admitted to hospital for medical treatment, unless the medical practitioner in charge of the persons treatment consents in writing to the request and the medical practitioner is of the opinion the request would not be prejudicial to the proper care or treatment of the person; or
(b)it appears to the police officer that it would, by reason of injuries sustained by the person, be dangerous to the person\u2019s medical condition to undergo a breath test or submit to a breath analysis.
(5) As soon as practicable after a person has undergone a breath analysis the operator of the breath analysing instrument must deliver to the person\u2014
(a)a statement automatically produced by the breath analysing instrument, specifying\u2014
(i)the concentration of alcohol determined by the analysis to be present in the person\u2018s breath and expressed in microgrammes of alcohol in 100 millilitres of breath; and
(ii)the day and time of the day at which the breath analysis was completed.
(b)a statement in writing signed by the operator stating the concentration of alcohol in the person\u2019s blood as indicated by the analysis after applying the multiplier specified in regulation 3(3).
","LegalId":"LOF.CAP176.BTRFJ00.REG5","ParentSection":[{"LegalId":"LOF.CAP176.BTRFJ00.BODY","ParentId":"LOF.CAP176.LTAFJ98.BODY","Title":"LAND TRANSPORT (BREATH TESTS AND ANALYSES) REGULATIONS 2000"}],"Text":"[LAT 15,920] Procedures for breath tests and breath analyses (1) A police officer may enter any premises without a warrant for the purpose of administering a breath test or breath analysis required by section 104(1) . (2) If\u2014 (a) it appears to a police officer in consequence of a breath test carried out by the officer on a person under section 104(1) that there is present in that person\u2019s breath a concentration of alcohol of more than 35 microgrammes per 100 millilitres of blood; (b) a person required by a police officer under section 104(1) to undergo a breath test refuses to undergo the test in accordance with the directions of that officer; or (c) a breath testing device is not immediately available and the police officer has reasonable cause to believe the person may have a concentration of alcohol of more than the prescribed limit, the officer may arrest the person without warrant and take the person or cause the person to be taken, with reasonable force as may be necessary, to a police station or any other place as the officer considers desirable and there detain the person or cause the person to be detained for the purposes of breath analysis. (3) A police officer may require a person who has been arrested under subregulation (2) to submit, in accordance with the directions of the officer, to a breath analysis. (4) A police officer must not require a person to undergo a breath test or to submit to a breath analysis if\u2014 (a) the person has been admitted to hospital for medical treatment, unless the medical practitioner in charge of the persons treatment consents in writing to the request and the medical practitioner is of the opinion the request would not be prejudicial to the proper care or treatment of the person; or (b) it appears to the police officer that it would, by reason of injuries sustained by the person, be dangerous to the person\u2019s medical condition to undergo a breath test or submit to a breath analysis. (5) As soon as practicable after a person has undergone a breath analysis the operator of the breath analysing instrument must deliver to the person\u2014 (a) a statement automatically produced by the breath analysing instrument, specifying\u2014 (i) the concentration of alcohol determined by the analysis to be present in the person\u2018s breath and expressed in microgrammes of alcohol in 100 millilitres of breath; and (ii) the day and time of the day at which the breath analysis was completed. (b) a statement in writing signed by the operator stating the concentration of alcohol in the person\u2019s blood as indicated by the analysis after applying the multiplier specified in regulation 3(3) .","Title":"[LAT 15,920] reg 5 Procedures for breath tests and breath analyses"},{"ActId":2632,"FileName":"reg_LOF.CAP176.BTRFJ00.REG3.htm","Html":"
[LAT 15,910] Prescribed concentration of alcohol
(1) For the purpose of section 103(1)(a), the prescribed concentration of alcohol is 80 milligrams of alcohol in 100 millilitres of blood.
(2) Evidence that there is alcohol in the blood in excess of the prescribed concentration at a relevant time may be given by reference to a sample of the person\u2019s blood taken with his or her consent, or by reference to the reading on a breath analysing instrument in accordance with subregulation (3).
(3) A reading on a breath analysing instrument in microgrammes of alcohol per 100 millilitres of breath is to be multiplied by 2.2 in order to arrive at the number of milligrams of alcohol in 100 millilitres of blood.
[subreg (3) am LN 148 of 2000 reg 2, 12 December 2000]
","LegalId":"LOF.CAP176.BTRFJ00.REG3","ParentSection":[{"LegalId":"LOF.CAP176.BTRFJ00.BODY","ParentId":"LOF.CAP176.LTAFJ98.BODY","Title":"LAND TRANSPORT (BREATH TESTS AND ANALYSES) REGULATIONS 2000"}],"Text":"[LAT 15,910] Prescribed concentration of alcohol (1) For the purpose of section 103(1)(a) , the prescribed concentration of alcohol is 80 milligrams of alcohol in 100 millilitres of blood. (2) Evidence that there is alcohol in the blood in excess of the prescribed concentration at a relevant time may be given by reference to a sample of the person\u2019s blood taken with his or her consent, or by reference to the reading on a breath analysing instrument in accordance with subregulation (3) . (3) A reading on a breath analysing instrument in microgrammes of alcohol per 100 millilitres of breath is to be multiplied by 2.2 in order to arrive at the number of milligrams of alcohol in 100 millilitres of blood. [subreg (3) am LN 148 of 2000 reg 2, 12 December 2000]","Title":"[LAT 15,910] reg 3 Prescribed concentration of alcohol"}],"SearchFor":"All","StartPage":1,"TotalItems":12,"TotalPages":3}