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 you're a seafarer who fails a breath test"

If you are a seafarer and your breath test shows you may have been drinking, you have a right. You can choose to have a blood test to check how much alcohol is in your blood. You must make this choice within 10 minutes of an enforcement officer telling you about certain things, as stated in section 40R(3)(a).

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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=DLM5689974.


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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."


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40L: Who must give blood specimen at places other than hospital or surgery, or

"Seafarers must give a blood sample if they can't or won't do a breath test"

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).