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

If you are a seafarer and you take an evidential breath test under section 40I, but it does not produce a result, the enforcement officer can ask you to take another test right away. The officer can choose to do this or follow the rules in section 40L(1)(c) instead. If the officer asks you to take another test, it is like they asked you to take the first test under section 40I(4). You will have to follow the same rules as you did for the first test.

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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=DLM5689973.

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40I: Who must undergo evidential breath test, or

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

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40K: Right to elect blood test, or

"You can choose a blood test if you're a seafarer who fails a breath test"

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).