Maritime Transport Act 1994

Regulation of alcohol consumption by seafarers

40K: Right to elect blood test

You could also call this:

"You can choose a blood test if a breath test says you've been drinking"

Illustration for Maritime Transport Act 1994

If you are a seafarer and your breath test shows you may have been drinking, you have the right to ask for a blood test. You must ask for the blood test within 10 minutes of being told about the results by an enforcement officer, as stated in section 40R(3)(a). This blood test will check how much alcohol is in your blood.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5689974.

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Part 4ARegulation of alcohol consumption by seafarers

40KRight to elect blood test

  1. If the result of a seafarer's evidential breath test appears to be positive, the seafarer has the right, within 10 minutes of being advised by an enforcement officer of the matters specified in section 40R(3)(a), to elect to have a blood test to assess the proportion of alcohol in his or her blood.

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