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RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 86

Evidentiary matters relating to breath analysis

    (1)     Evidence derived from a sample of breath furnished following a requirement made under section 83(1) is not rendered inadmissible by a failure to comply with a request under section 86E if reasonable efforts were made to comply with the request.

    (2)     If the question whether a breath analysing instrument was incapable of measuring in grams per 210 litres of exhaled air the concentration of alcohol present in any sample of breath furnished by a rail safety worker is relevant on a hearing for an offence against section 76(1) or 77(1) then, without affecting the admissibility of any evidence which might be given apart from the provisions of this subsection, a document—

        (a)     purporting to be a print-out produced by that instrument in respect of that sample; and

        (b)     purporting to be signed by the person who operated the instrument—

is admissible in evidence and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.

    (3)     A document referred to in subsection (2) does not cease to be admissible in evidence or, in the absence of evidence to the contrary, to be proof of the facts and matters contained in it only because of the fact that it refers to the Road Safety Act 1986 and not to the Rail Safety (Local   Operations) Act 2006 and the reference to the Road Safety Act 1986 in that document and in each other document produced by the breath analysing instrument in respect of the sample of breath must be construed for all purposes as a reference to the Rail Safety (Local Operations) Act 2006 .

Subdivision 3—Testing for drugs, oral fluid analyses and blood tests

S. 86A inserted by No. 23/2013 s. 89.



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