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Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40I: Who must undergo evidential breath test

You could also call this:

"When seafarers must take a breath test to check for alcohol"

If you are a seafarer, an enforcement officer can ask you to go with them to a place where you can take an evidential breath test or a blood test. This can happen if you took a breath screening test under section 40H and it showed you had too much alcohol in your breath. The officer can also ask you to go with them if you refused to take the breath screening test.

The officer can ask you to go to another place if the first one is not suitable for the test. You have to go with the officer to the place they choose. You must stay at that place until the officer says you can leave or until you have taken the test.

If you do not go with the officer or do not stay at the place, the officer can arrest you. But if you are in a hospital or medical centre because of a ship incident, the officer cannot make you take the evidential breath test. You must stay at the place where you took the test until the result is known.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5689972.

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40H: Who must undergo breath screening test, or

"Who has to take a breath test on a ship?"

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40J: Seafarer may be required to undergo further evidential breath test if initial test fails to produce result, or

"If a breath test for a seafarer doesn't work, they might need to take another one."

Part 4ARegulation of alcohol consumption by seafarers

40IWho must undergo evidential breath test

  1. An enforcement officer may require a seafarer to accompany an enforcement officer to a place where it is likely that the seafarer can undergo an evidential breath test or a blood test (or both) when required to do so by the officer if—

  2. the seafarer has undergone a breath screening test under section 40H and it appears to the officer that the proportion of alcohol in the breath of the seafarer who underwent the test exceeds 250 micrograms of alcohol per litre of breath; or
    1. the seafarer fails or refuses to undergo a breath screening test without delay after having been required to do so by the officer under section 40H; or
      1. the officer has good cause to suspect that the seafarer has consumed alcohol and the seafarer could be required to undergo a breath screening test without delay under section 40H but the seafarer cannot be tested because—
        1. a breath screening device is not readily available; or
          1. a breath screening test cannot, for any reason, be carried out then.

          2. If it is not practicable for a seafarer to undergo an evidential breath test at a place to which the seafarer has accompanied an enforcement officer under subsection (1), an enforcement officer may require the seafarer to accompany the officer to any other place where it is likely that the seafarer can undergo an evidential breath test or a blood test (or both).

          3. An enforcement officer may require a seafarer to accompany the officer to a place under subsection (1) if—

          4. it is likely that the seafarer can undergo an evidential breath test at that place, whether or not it is likely that the seafarer can undergo a blood test at that place; or
            1. it is likely that the seafarer can undergo a blood test at that place, whether or not it is likely that the seafarer can undergo an evidential breath test at that place.

              1. An enforcement officer may require a seafarer to undergo without delay at that place an evidential breath test (whether or not the seafarer has already undergone a breath screening test) if the seafarer—

              2. has accompanied the enforcement officer; or
                1. has been arrested under subsection (6) and taken to or detained at a place.

                  1. A seafarer must—

                  2. accompany the officer to a place when required to do so under this section:
                    1. if the seafarer has accompanied an enforcement officer to a place under this section, remain at that place until the seafarer is required either to undergo an evidential breath test or a blood test under this Part, or to accompany an enforcement officer to another place under this section:
                      1. if the seafarer has undergone an evidential breath test under this section, remain at the place where the seafarer underwent the test until after the result of the test is ascertained.

                        1. An enforcement officer may arrest without warrant a seafarer who contravenes subsection (5).

                        2. An enforcement officer may not require a seafarer who is in a hospital or medical centre as a result of a safety, security, or marine environmental incident involving the use of a ship to undergo an evidential breath test.

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                        Notes
                        • Section 40I: inserted, on , by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).
                        • Section 40I(7): amended, on , by section 74 of the Statutes Amendment Act 2022 (2022 No 75).