(2A)Request for specimen of breath or saliva after incident involving motor vehicles, trams, trains or vessels#

If a motor vehicle, tram, train or vessel is involved in an incident resulting in injury to or death of any person or damage to property a police officer may require any person who the officer reasonably suspects—

  • (a) was driving or attempting to drive the motor vehicle, tram or train on a road or elsewhere; or
  • (b) was in charge of the motor vehicle, tram or train on a road or elsewhere; or
  • (ba) for an incident involving a motor vehicle—was otherwise operating, or interfering with the operation of, the motor vehicle dangerously; or
  • (c) was driving or in charge of or attempting to drive the vessel;

at the time of the incident to provide a specimen of breath for a breath test by the person, a specimen of saliva for a saliva test by the person or both.

Source: TORUM Act 1995 · page 187 Open PDF at this page Search this document