Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RAIL SAFETY (LOCAL OPERATIONS) ACT 2006 - SECT 86B

Assessment of drug impairment

    (1)     Subject to this section, a transport safety officer or police officer may at any time direct a rail safety worker who—

        (a)     is about to carry out rail safety work; or

        (b)     is carrying out rail safety work; or

        (c)     is attempting to carry out rail safety work; or

        (d)     is still on railway premises after carrying out rail safety work; or

        (e)     without limiting a preceding paragraph—is involved in a prescribed notifiable occurrence

to submit to an assessment of drug impairment.

    (2)     Subject to this section a transport safety officer or police officer may require—

        (a)     a rail safety worker whom he or she believes on reasonable grounds has within the last 3 preceding hours carried out rail safety work on a railway when a notifiable occurrence or prescribed notifiable occurrence occurred involving the rail safety worker; or

        (b)     a rail safety worker whom he or she has directed under section 83(3) to submit to a preliminary breath test; or

        (c)     a rail safety worker required under section 83(3) to furnish a sample of breath—

to undergo an assessment of drug impairment.

    (3)     A transport safety officer or police officer may only give a direction under subsection (1) or (2) if the transport safety officer or police officer is of the opinion that the rail safety worker's behaviour or appearance indicates that the rail safety worker may be impaired for a reason other than alcohol alone.

    (4)     A transport safety officer or police officer may direct a rail safety worker given a direction under subsection (1) or (2) to accompany the transport safety officer or police officer to a place where the assessment is to be carried out and to remain there until the assessment has been carried out or until 3 hours after the carrying out of the rail safety work, whichever is sooner.

    (5)     A rail safety worker is not obliged to undergo an assessment of drug impairment if more than 3 hours have passed since the rail safety worker last carried out rail safety work.

S. 86C inserted by No. 23/2013 s. 89.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback