1Citation
These regulations may be cited as the Road Traffic (Blood Sampling and Analysis) Regulations 1975 1.
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Bill homepageThese regulations may be cited as the Road Traffic (Blood Sampling and Analysis) Regulations 1975 1.
In these regulations, unless the context otherwise requires —
Form means one of the forms set out in the Schedule;
subject means a person required to submit himself and allow a sample of his blood to be taken, or from whom a sample of blood is caused to be taken for analysis pursuant to section 66, 66B or 66E of the Act;
technologist means —
a person registered as an analyst under the Health (Miscellaneous Provisions) Act 1911 section 203; or
a person approved, or belonging to a class of persons approved, by the Minister to prepare sampling equipment.
[Regulation 2 amended: Gazette 25 Feb 1983 p. 650; 30 Jan 2001 p. 623; 11 Oct 2007 p. 5477; 8 Apr 2011 p. 1293; 10 Jan 2017 p. 226.]
These regulations apply whenever a blood sample is taken for the purposes of the Act.
For section 65 of the Act in paragraph (b) of the definition of the term prescribed sample taker, the following persons are prescribed for the purposes of each provision of the Act and these regulations in which the term is used —
pathology collector;
phlebotomist.
[Regulation 3A inserted: Gazette 7 Feb 2017 p. 1172.]
For section 70B(1) of the Act, the prescribed particulars of a sample delivered to an analyst are the following —
the serial number or barcode number of the sample;
the name of the person from whom the sample was taken;
the name and qualifications of the prescribed sample taker;
the name and signature of the police officer who required the sample to be taken;
the date and time the sample was collected;
the names and signatures of the persons who delivered the sample to the analyst.
[Regulation 3B inserted: Gazette 7 Feb 2017 p. 1172.]
A blood sample taken in pursuance of regulation 7 shall be taken by means of equipment (in these regulations called the sampling equipment) provided for that purpose by a body approved by the Minister and by no other means.
[Regulation 4 amended: Gazette 29 Jun 1984 p. 1795; 30 Jan 2001 p. 623; 8 Feb 2019 p. 247.]
The sampling equipment must comprise all of the following —
2 screw top plastic storage containers;
2 evacuated blood collection tubes with approximately 170 mg of sodium fluoride and 42.5 mg of potassium oxalate;
1 or 2 disposable needles with needle holders;
2 tamper proof outer plastic bags;
sterile disposable gloves;
a sterile dry swab;
a sterile, non‑alcoholic antiseptic cleansing skin prep wipe;
a sticking plaster.
[Regulation 5 inserted: Gazette 8 Feb 2019 p. 247‑8.]
The sampling equipment shall be prepared by a technologist of a body approved by the Minister who shall —
complete and sign a certificate in the form of Form A; and
seal the equipment in a serially numbered package by signing his name over the sealed portion or flap of the package.
[Regulation 6 amended: Gazette 29 Jun 1984 p. 1795; 30 Jan 2001 p. 623.]
This regulation applies for the purposes of section 69(1a) of the Act.
Two blood samples, one immediately after the other, must be taken by a prescribed sample taker by venepuncture, with the vacutainer kit provided in the sampling equipment and no other.
The prescribed sample taker shall —
examine the package containing the sampling equipment produced to him, and in the presence of the person producing it, ensure that —
the package is sealed and intact; and
the indicated expiry date for the use of the equipment has not passed;
and
not use any sampling equipment contained in a package that is not sealed and intact or in respect of which the indicated expiry date has passed; and
cleanse the proposed site of the venepuncture by means of a sterile, non‑alcoholic antiseptic cleansing skin prep wipe contained in the sampling equipment and by no other means; and
take 2 samples of blood in accordance with subregulation (2A); and
discharge each sample into a separate container provided in the sampling equipment; and
ensure that the cover of each container is securely tightened; and
shake each container thoroughly and in so doing invert it at least 20 times, to mix the contents.
[Regulation 7 amended: Gazette 14 Nov 1975 p. 4185; 30 Jan 2001 p. 624 and 625; 8 Jan 2010 p. 32‑3; 7 Feb 2017 p. 1174; 8 Feb 2019 p. 248.]
Upon a blood sample being taken and dealt with in accordance with the provisions of regulation 7 —
the prescribed sample taker shall complete and sign Part I; and
a police officer who was present when the sample was taken shall complete and sign Part II,
of 2 copies of Form B.
Upon the completion of 2 copies of Form B, each of the containers containing a portion of the blood sample shall be sealed in a separate package by the prescribed sample taker and the police officer mentioned in this regulation.
[Regulation 8 amended: Gazette 2 Feb 1982 p. 398; 30 Jan 2001 p. 624 and 625; 8 Jan 2010 p. 33; 23 Dec 2014 p. 4916; 7 Feb 2017 p. 1174.]
The analytical method by which blood samples shall be analysed for alcohol by an analyst is —
by ascertaining the change in concentration of a solution of a dichromate; or
by gas chromatography.
A certificate for the purposes of section 70(2)(e) of the Act shall be in the form of Form C.
The Road Traffic (Drug Driving) Regulations 2007 Schedule 1 Form 1 is prescribed for the purposes of section 70(3b)(f) of the Act as the form to be used by a drugs analyst for either or both of the following —
that an identified sample of blood taken from or provided by a named person was analysed for drugs;
the analysis result obtained from the analysis.
[Regulation 10 amended: Gazette 11 Oct 2007 p. 5478.]
[11. Deleted: Gazette 28 Nov 2006 p. 4897.]
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