Road Traffic (Drug Driving) Regulations 2007 00-a0-02 Xml

Western Australia

Road Traffic Act 1974

Road Traffic (Drug Driving) Regulations 2007

1.Citation

These regulations are the Road Traffic (Drug Driving) Regulations 2007.

2.Commencement

These regulations come into operation as follows:

(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on the day that the Road Traffic Amendment (Drugs) Act 2007 Part 2 comes into operation.

3.Prescribed illicit drugs (s. 65)

For the purposes of section 65 of the Act, each of the following drugs is declared to be a “prescribed illicit drug” —

(a)tetrahydrocannabinol;

(b)methylamphetamine;

4.Conducting a driver assessment (s. 66A(7))

For the purposes of section 66A(7), the procedure that a member of the Police Force is to follow when assessing drug impairment as a part of a driver assessment is to be based on observations of aspects of the driver’s behaviour, demeanour and condition, which can include whether —

(a)there is any apparent injury to the driver;

(b)there are any unusual or indicative skin responses;

(c)there is a smell of alcohol;

(d)the driver’s —

(i)speech; or

(ii)action; or

(iii)movement; or

(iv)balance,

appears affected;

(e)the appearance of the driver’s eyes indicates drug ingestion (dilated, constricted, bloodshot, etc.);

(f)the driver’s rate or manner of breathing appears affected by drugs;

(g)the driver’s attitude or the appearance of the driver’s clothing appears to indicate drug ingestion;

(h)the driver’s general comprehension appears affected by drugs.

5.Conducting a preliminary oral fluid test (s. 66C(7))

The following steps are to be followed by a member of the Police Force when conducting a preliminary oral fluid test —

(a)check the packaging of the testing device is not damaged and that any expiry date has not passed;

(b)check the device for damage and discard it if any damage is apparent;

(c)ensure the device is ready for collecting oral fluid;

(d)ensure that the device is wiped on the person’s tongue;

(e)check that sufficient oral fluid has been collected;

(f)check if the device indicates the presence of a prescribed illicit drug.

6.Collecting oral fluid (s. 66D(4))

(1)The following steps are to be followed by an authorised drug tester when preparing to collect oral fluid for testing under section 66D —

(a)check the packaging of the equipment is not damaged and that any expiry date has not passed;

(b)open the packaged equipment;

(c)check that each item of the device is present and that none of the items shows any apparent damage;

(d)require the suspect to submit a sample of oral fluid for testing.

(2)The following steps are to be followed by an authorised drug tester when collecting oral fluid for testing under section 66D —

(a)the authorised drug tester is to require the suspect —

(i)to swab around the suspect’s gums, tongue and inside cheek; and

(ii)to retain the swab in the suspect’s mouth until any indicator of sample adequacy shows that a sufficient sample has been collected;

(b)the authorised drug tester is to remove the cap of the collection tube provided as a part of the testing device and place the collector swab in that tube, swab end first, then replace the cap;

(c)the authorised drug tester is to mix the sampled oral fluid with the solution in the collector tube by moving the collector in a figure 8 motion on a flat horizontal surface for at least 30 seconds.

7.Conducting an oral fluid test (s. 66D(4))

(1)The following steps are to be followed by an authorised drug tester when setting up for testing oral fluid collected under section 66D —

(a)ensure the device is switched on;

(b)check the date and time and conduct a system test;

(c)carry out a quality control test;

(d)confirm/select the drug cartridge type;

(e)select the applied setting;

(f)confirm the drug selection.

(2)The following steps are to be followed by an authorised drug tester when testing oral fluid collected under section 66D —

(a)remove the test cartridge from the package and place it on a flat horizontal surface;

(b)remove the cap from the collector tube and, using a pipette, remove a sample of the fluid from the collection tube;

(c)apply at least 6 drops of fluid into the sample well of the test cartridge and wait for the coloured fluid to appear on the test cartridge;

(d)when prompted by the device, insert the test cartridge and wait for the progress indicator to show that the test cycle is complete;

(e)observe the result of the test.

8.Manufacturer’s instructions (s. 72(1a))

(1)A member of the Police Force may have regard to any manufacturers instructions in an approved device’s packaging if the prescribed steps in regulation 5 do not appear to fully describe the steps required for that particular testing device.

(2)An authorised drug tester may have regard to any manufacturers instructions in an approved device’s packaging if the prescribed steps in regulations 6 and 7 do not appear to fully describe the steps required for that particular collection, testing or analysis device.

9.Blood sampling from incapable person (s. 66B(1))

The Road Traffic (Blood Sampling and Analysis) Regulations 1975 Schedule Form D is prescribed for the purposes of section 66B(1) of the Act (where a sample of a person’s blood is required to be taken for the purposes of the Act, and that person is incapable of submitting himself or herself and allowing a sample to be taken).

10.Other prescribed certificates and forms (s. 70)

(1)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 certifying either or both of the following —

(a)that an identified sample of blood, urine or oral fluid taken from or provided by a named person was analysed for drugs;

(b)the analysis result obtained from the analysis.

(2)Schedule 1 Form 2 is prescribed for the purposes of section 70(3b)(g) of the Act as the form to be used by an approved expert describing conduct, a condition or an appearance associated with a person who has consumed or used a specified drug or drugs.

(3)Schedule 1 Form 3 is prescribed for the purposes of section 70(3b)(h) of the Act as the form to be used by an approved expert setting out the usual effect that conduct or a condition associated with a person who has consumed or used a particular drug or particular drugs has on a person’s capacity to have proper control of a motor vehicle.

(4)Schedule 1 Form 4 is prescribed for the purposes of section 70(3b)(i) and (j) of the Act as the form to be used by a member of the Police Force —

(a)describing the conduct, condition or appearance of a person at or after the time the person drove or attempted to drive a motor vehicle; and

(b)certifying that a driver assessment was conducted on a person and was conducted in accordance with the regulations.

(5)Schedule 1 Form 5 is prescribed for the purposes of section 70(3b)(k) of the Act as the form to be used by an authorised drug tester to certify that, under section 66D, an identified sample of oral fluid was collected by the authorised drug tester in accordance with the regulations from a named person on a date and at a time specified in the certificate using identified sampling equipment which was received in a described condition from an identified person.

(6)Schedule 1 Form 6 is prescribed for the purposes of section 70(3d) of the Act as the form to be signed by the Commissioner of Police to certify that a person therein named is, or was at the material time, an authorised drug tester.

Schedule 1 — Forms

Form 1

(r. 10(1))

WESTERN AUSTRALIA

ROAD TRAFFIC ACT 1974

Road Traffic (Drug Driving) Regulations 2007

Road Traffic (Blood Sampling and Analysis) Regulations 1975

Road Traffic (Urine Sampling and Analysis) Regulations 1983

CERTIFICATE OF DRUGS ANALYST

Laboratory reference no. ............................

Police reference no. ....................................

I, ............................................................................., being a drugs analyst within the meaning of the Road Traffic Act 1974 Part V Division 2, certify that —

(a)I obtained*/received* for analysis the following quantity*/mass* of ..................................................................................................

marked .........................................................................................

from*/by* ....................................................................................

on ................................................................................................; and

(b)I analysed the thing referred to in paragraph (a) of this certificate by [insert details of method of analysis] with the following result

......................................................................................................

.....................................................................................................; and

(c)the following other matters relating to my analysis should be noted ..........................................................................................……

......................................................................................................

Certified on ............................................... at ........................................................

...................................................................................................

Address of drugs analystSignature of drugs analyst

* Please delete inapplicable alternative.

Form 2

(r. 10(2))

WESTERN AUSTRALIA

ROAD TRAFFIC ACT 1974

Road Traffic (Drug Driving) Regulations 2007

CERTIFICATE OF APPROVED EXPERT

Appearance and conduct following use of specified drugs

I, ............................................................................., being an approved expert for the purposes of the Road Traffic Act 1974 section 70(7), certify that the following conduct, condition or appearance is associated with a person who has consumed or used the drug or drugs specified —

................................................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................
................................................................................................................................

Certified on ............................................... at ........................................................

...................................................................................................

Address of expertSignature of expert

Form 3

(r. 10(3))

WESTERN AUSTRALIA

ROAD TRAFFIC ACT 1974

Road Traffic (Drug Driving) Regulations 2007

CERTIFICATE OF APPROVED EXPERT

Usual effect of particular drugs on motor vehicle control

I, ............................................................................., being an approved expert for the purposes of the Road Traffic Act 1974 section 70(7), certify that the usual effect that conduct or a condition associated with a person who has consumed or used a particular drug or particular drugs has on a person’s capacity to have proper control of a motor vehicle is as follows —

Certified on ............................................... at ........................................................

...................................................................................................

Address of expertSignature of expert

Form 4

(r. 10(4))

WESTERN AUSTRALIA

ROAD TRAFFIC ACT 1974

Road Traffic (Drug Driving) Regulations 2007

Assessment of driver’s conduct, condition and appearance

Driver

Family Name

Given Names

DOB

Sex

Address

Postcode

Licence

Number

Expiry

Class

State

Vehicle

Registration

Expiry

State

Make

Type

Year

Detection

Time

Date

Day

Crash (tick)

Yes

Street Name

Cross Street

Suburb

Observations of Vehicle in Motion

(if insufficient space attach additional sheet)

Observations of Vehicle Stopping Sequence

(if insufficient space attach additional sheet)

Preliminary Breath Test (tick box)

Conducted

Yes

Alcohol

Yes

Level

Under .05%

Over .05%

Observations of Driver (tick box(s) or note other – use separate sheet if required.

Record interview of driver on separate sheet)

Injury

Yes

If yes, was medical treatment sought?

Yes

Smell of Alcohol

None

Slight

Strong

Other

Speech

Clear

Fast

Slow

Slurred

Confused

Incoherent

Other

Eyes

Watery

Glazed

Bloodshot

Eyelids drooping

Pupils Enlarged

Pupils pinpoint

Other

Breathing

Normal

Rapid

Slow

Shallow

Short

Jerky

Other

Skin

Flushed

Pale

Perspiration

Needle marks

Abscesses

Ulcers

Other

Actions

Swearing

Violent

Restless

Hiccupping

Belching

Vomiting

Drooling

Runny nose

Scratching

Emotional

Other

Movement

Support required

Sluggish

Tremor

Jerky

Clumsy

Deliberate

Other

Overactivity

Note details of any observed overactivity (use separate sheet if required)

Balance

Good

Swaying

Unsteady

Staggering

Sagging

Falling

Other

Clothing

Orderly

Disarranged

Soiled

Other

Attitude

Cooperative

Hostile

Excited

Relaxed

Indifferent

Anxious

Talkative

Dreamy

Irritable

Cocky

Subdued

Antagonistic

Depressed

Hallucinating

Other

Comprehension

Good

Poor

None

Other

Q. Is there any mechanical defect with your vehicle? Yes/No

(Describe)

Q. Are you suffering from any illness such as Diabetes, Epilepsy? Yes/No

(State)

Q. Are you currently taking any medication or drugs? Yes/No

(Type, quantity, time and date taken)

Apprehending Officer

I certify that this driver assessment was conducted on the driver and was conducted in accordance with the regulations

Signature

Date

Name

Rank

Number

Station

Form 5

(r. 10(5))

WESTERN AUSTRALIA

ROAD TRAFFIC ACT 1974

Road Traffic (Drug Driving) Regulations 2007

I, ............................................................................................................................, an authorised drug tester for the purposes of the Road Traffic Act 1974 section 65, certify that —

1..................................................................................................

(name)

provided a sample of oral fluid collected in accordance with the regulations for analysis

on ..........................................................
(date)

at ............................................................
(time)

2.The sample provided is marked ...............................

3.I was at the material time an authorised drug tester.

4.The sample of oral fluid was collected using an approved device .....................................................................................................
(name of device used)

operated by me in accordance with the regulations.

5.The approved device indicated a result in the prescribed manner at the conclusion of the analysis.

6.The analysis result obtained from the analysis referred to in this certificate was that the following prescribed illicit drugs were detected —

yes/notetrahydrocannabinol;

yes/nomethylamphetamine;

yes/no3, 4‑methylenedioxy‑n, alpha‑dimethylphenylamine
(MDMA).

.............................................................

(Authorised drug tester)

Form 6

(r. 10(6))

WESTERN AUSTRALIA

ROAD TRAFFIC ACT 1974

Road Traffic (Drug Driving) Regulations 2007

I, ..................................................................................., Commissioner of Police,

certify that ..............................................................................................................

of ............................................................................................................................

* is an authorised drugs tester.

* was as at .............................................................. an authorised drugs tester.

..................................................

Commissioner of Police

*Delete whichever does not apply.

Notes

1This is a compilation of the Road Traffic (Drug Driving) Regulations 2007. The following table contains information about that regulation.

Compilation table

Citation

Gazettal

Commencement

Road Traffic (Drug Driving) Regulations 2007

11 Oct 2007 p. 5483-500

r. 1 and 2: 11 Oct 2007 (see r. 2(a));

Regulations other than r. 1 and 2: 12 Oct 2007 (see r. 2(b) and Gazette 11 Oct 2007 p. 5475)