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Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

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

You could also call this:

"If your first breath test doesn't work, you might need to take another one."

Illustration for Maritime Transport Act 1994

You are a seafarer and you have an initial breath test. If this test does not work, the enforcement officer can ask you to have another test straight away. The officer can choose to do this or follow a different rule, which is explained in section 40L(1)(c). If you are asked to have another test, it is like you were asked to have the first test, as explained in section 40I(4).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5689973.

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Part 4ARegulation of alcohol consumption by seafarers

40JSeafarer may be required to undergo further evidential breath test if initial test fails to produce result

  1. If for any reason an evidential breath test carried out under section 40I fails to produce a result, the enforcement officer may, at his or her discretion, either require the seafarer to undergo without delay a further evidential breath test or proceed as if section 40L(1)(c) applies.

  2. A requirement made under subsection (1) is deemed to be a requirement under section 40I(4).

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Notes
  • Section 40J: inserted, on , by section 12 of the Maritime Transport Amendment Act 2013 (2013 No 84).