{"id":"road-traffic-breath-analysis-regulations-1975","name":"Road Traffic (Breath Analysis) Regulations 1975","slug":"road-traffic-breath-analysis-regulations-1975","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181893,"registerId":"wa-road-traffic-breath-analysis-regulations-1975-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Road Traffic (Breath Analysis) Regulations 1975","content":"![Crest]()Western Australia\n\nRoad Traffic Act 1974\n\nRoad Traffic (Breath Analysis) Regulations 1975\n\nWestern Australia\n\nRoad Traffic (Breath Analysis) Regulations 1975\n\nContents\n\n1. Citation 1\n\n2. Definitions 1\n\n3. Application 1\n\n4. Certificates 1\n\n5. Operation of Dräger Alcotest 9510 breath analysing equipment 2\n\n7. Indication of result of analysis 2\n\nSchedule 1 — Forms\n\nSchedule 2 — Analysis of breath sample by Dräger Alcotest 9510 breath analysing equipment\n\nNotes\n\nCompilation table 6\n\nDefined terms\n\n  \n\nRoad Traffic Act 1974\n\nRoad Traffic (Breath Analysis) Regulations 1975\n\n##### 1. Citation\n\nThese regulations may be cited as the *Road Traffic (Breath Analysis) Regulations 1975* 1.\n\n##### 2. Definitions\n\nIn these regulations, unless the contrary intention appears, —\n\n  equilibrator means an apparatus consisting of —\n\n(a) a container of liquid bearing one or more labels inscribed “Testing solution for breath analysing equipment. Prepared by the Chemistry Centre (WA).”;\n\n(b) a cap fitted with an atomiser bulb, inlet tube, outlet tube; and\n\n(c) a thermometer.\n\n[Regulation 2 amended: Gazette 5 May 1978 p. 1391; 24 Dec 1987 p. 4562; 9 Aug 1991 p. 4232.]\n\n##### 3. Application\n\nThese regulations apply whenever a sample of breath is provided for analysis for the purposes of the Act.\n\n##### 4. Certificates\n\n(1) A certificate for the purposes of section 70(2)(a) of the Act shall be in the form of Form 1 in Schedule 1.\n\n[(2) deleted]\n\n(3) A certificate for the purposes of section 70(2)(bb) of the Act shall be in the form of Form 3 in Schedule 1.\n\n[Regulation 4 inserted: Gazette 15 Feb 1980 p. 466; amended: Gazette 24 Dec 1987 p. 4562; SL 2021/58 r. 6.]\n\n##### 5. Operation of Dräger Alcotest 9510 breath analysing equipment\n\nFor the purpose of analysing a sample of a person’s breath using the apparatus known as the “Dräger Alcotest 9510”, the breath analysing equipment must be operated in accordance with the instructions set out in Schedule 2.\n\n[Regulation 5 inserted: SL 2021/58 r. 7.]\n\n[**6.** Deleted: SL 2021/58 r. 8.]\n\n##### 7. Indication of result of analysis\n\nFor the purposes of section 68(7) and (8) of the Act the manner of indication of the result of an analysis by breath analysing equipment is the printing of a statement by the breath analysing equipment.\n\n[Regulation 7 inserted: Gazette 24 Dec 1987 p. 4563; amended: SL 2021/58 r. 9.]\n\nSchedule 1 — Forms\n\n[r. 4]\n\n[Heading inserted: SL 2021/58 r. 10(1).]\n\nForm 1\n\nWestern Australia\n\n*ROAD TRAFFIC ACT 1974*\n\nI, ............................................................................................................................. the Commissioner of Police, pursuant to the power conferred on me by section 72 of the *Road Traffic Act 1974*, HEREBY CERTIFY that: ..................................................................................... is competent to operate all types of breath analysing equipment.\n\nDated at ............................................................. this ...................................... day of ...................................... 20.....\n\n.............................................................  \nCommissioner of Police\n\n[Form 1 amended: Gazette 24 Dec 1987 p. 4563; 9 Aug 1991 p. 4232; 14 Mar 2008 p. 833; 15 Nov 2016 p. 5061.]\n\n[Form 2 Deleted SL 2021/58 r. 10(2).]\n\nForm 3\n\nWestern Australia\n\n*ROAD TRAFFIC ACT 1974*\n\n*ROAD TRAFFIC (BREATH ANALYSIS) REGULATIONS 1975*\n\nI, ............................................................................................................................, an authorised person, within the meaning of section 65 of the *Road Traffic Act 1974*, HEREBY CERTIFY THAT:\n\n1. .................................................................................................. provided a  \n(name)\n\nsample of breath for analysis on ............................................................ at  \n(date)\n\n...................................................  \n(time)\n\n2. I was at the material time an authorised person.\n\n3. The sample of breath so provided was analysed by apparatus operated by me, and that apparatus was breath analysing equipment within the meaning of section 65 of the *Road Traffic Act 1974*.\n\n4. The breath analysing equipment was operated by me in the prescribed manner and the regulations relating to analysis by breath analysing equipment of the relevant type were complied with.\n\n5. The breath analysing equipment indicated a result in the prescribed manner at the conclusion of the analysis.\n\n6. In accordance with section 68(9), I completed, signed, and handed to the person named in paragraph 1 of this certificate a statement as required by that subsection, or (as the case may be) I complied with the requirements of that subsection by signing, dating, and handing to that person a statement printed by the breath analysing equipment.\n\nThe analysis result obtained from the analysis referred to in this certificate was .....................................................\n\n.............................................................  \n(Authorised person)\n\n[Form 3 inserted: Gazette 24 Dec 1987 p. 4563; amended: SL 2021/58 r. 10(3).]\n\nSchedule 2 — Analysis of breath sample by Dräger Alcotest 9510 breath analysing equipment\n\n[r. 5]\n\n[Heading inserted: SL 2021/58 r. 11.]\n\n1. Ensure that the equipment is switched on, that there is sufficient paper in the paper roll in the printer compartment, and that the words “READY TO START” appear on the display screen.\n\n2. Follow the prompts on the display screen and enter particulars relating to the analysis.\n\n3. After the words “PLEASE BLOW” appear on the display screen, connect a mouthpiece to the sampling hose.\n\n4. Direct the person whose breath is to be analysed to provide a sample of the person’s breath into the equipment.\n\n5. If the expression “DO YOU WANT TO REPEAT THE TEST? YES NO” appears on the display screen indicating that a sample of breath has not been provided as required then —\n\nEITHER:\n\n5.1 Select “YES” and follow instructions 3 and 4 again.\n\nOR\n\n5.2 Select “NO” to terminate the analysis.\n\n[Schedule 2 inserted: SL 2021/58 r. 11.]\n\n[Third Schedule Deleted: SL 2021/58 r. 12.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Road Traffic (Breath Analysis) Regulations 1975* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.\n\nCompilation table\n\n| **Citation** | | **Published** | | **Commencement** |\n| --- | --- | --- | --- | --- |\n| *Road Traffic (Breath Analysis) Regulations 1975* | | 29 May 1975 p. 1543‑6 | 1 Jun 1975 | |\n| Untitled regulations | | 5 May 1978 p. 1391 | 5 May 1978 | |\n| Untitled regulations | | 15 Feb 1980 p. 466 | 15 Feb 1980 | |\n| **Reprint of the *Road Traffic (Breath Analysis) Regulations 1975* authorised 25 Jun 1981** (see *Gazette* 1 Jul 1981 p. 2535-41) (includes amendments listed above) | | | | |\n| *Road Traffic (Breath Analysis) Amendment Regulations 1983* | | 25 Feb 1983 p. 650 | 25 Feb 1983 | |\n| *Road Traffic (Breath Analysis) Amendment Regulations 1987* | | 24 Dec 1987 p. 4562‑4 | 24 Dec 1987 (see r. 2 and *Gazette* 24 Dec 1987 p. 4561) | |\n| *Road Traffic Amendment Regulations 1991* Pt. 3 | | 9 Aug 1991 p. 4232 | 9 Aug 1991 (see r. 2 and *Gazette* 9 Aug 1991 p. 4101) | |\n| **Reprint 2: The *Road Traffic (Breath Analysis) Regulations 1975* as at 9 Jan 2004** (includes amendments listed above) | | | | |\n| *Road Traffic Legislation Amendment Regulations 2008* Pt. 3 | | 14 Mar 2008 p. 832-4 | 15 Mar 2008 (see r. 2(b) and *Gazette* 14 Mar 2008 p. 829) | |\n| *Road Traffic (Breath Analysis) Amendment Regulations 2014* | | 28 Jan 2014 p. 182-3 | r. 1 and 2: 28 Jan 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 29 Jan 2014 (see r. 2(b)) | |\n| *Road Traffic (Breath Analysis) Amendment Regulations 2016* | | 15 Nov 2016 p. 5060-1 | r. 1 and 2: 15 Nov 2016 (see r. 2(a));   Regulations other than r. 1 and 2: 16 Nov 2016 (see r. 2(b)) | |\n| *Road Traffic (Breath Analysis) Amendment Regulations 2017* | | 1 Dec 2017 p. 5734‑5 | r. 1 and 2: 1 Dec 2017 (see r. 2(a));   Regulations other than r. 1 and 2: 2 Dec 2017 (see r. 2(b)) | |\n| *Road Safety Regulations Amendment and Repeal Regulations 2021* Pt. 3 | | SL 2021/58 21 May 2021 | 1 Jul 2021 (see r. 2(b) and SL 2021/54 cl. 2(a)) | |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nequilibrator 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain focused on breath analysis procedure, records and evidentiary form. Amendments over time have updated forms and added a device‑specific operating schedule (Dräger Alcotest 9510) and removed obsolete provisions, but these changes stay within the original purpose of regulating how breath samples are analysed and recorded under the Road Traffic Act. The instrument has become more device‑specific and administratively detailed, but it has not materially expanded beyond its core function."},"complexity_factors":["Short instrument (7 regulations + 2 schedules).","Only one defined term (equilibrator) in reg 2.","Limited cross‑references to the Road Traffic Act (sections 65, 68, 70, 72) but no dense internal cross‑referencing.","One device‑specific operational schedule (Dräger Alcotest 9510) with simple stepwise instructions (Schedule 2).","Two prescribed forms (Form 1 and Form 3) and deletion of obsolete forms reduces branching logic."],"plain_english_summary":"**What this regulation does (mechanically)\n\n- Sets the rules that apply when a person provides a breath sample under the Road Traffic Act: it governs the form of certificates, how a particular breathalyser (the Dräger Alcotest 9510) must be operated, and how results must be indicated (printed) by the machine (regs 3–7; Schedule 1; Schedule 2).\n\n- Prescribes two written forms: Form 1 (certificate of operator competence, issued by the Commissioner of Police) and Form 3 (the authorised person’s certificate recording that a breath test was taken and how it was conducted) (reg 4; Schedule 1).\n\n- Requires that, when a Dräger Alcotest 9510 is used, it be operated strictly according to the step‑by‑step instructions set out in Schedule 2 (reg 5; Schedule 2).\n\n- Requires the breath analyser to indicate the result by printing a statement (reg 7).\n\n- Defines a specific equipment part called an \"equilibrator\" for testing solution purposes (reg 2).\n\nWho is affected\n\n- Authorised persons (police officers and others designated under the Road Traffic Act) who administer breath tests must complete and deliver the prescribed certificate (Form 3) and follow the prescribed procedures when using the specified device (reg 4; Schedule 1; Schedule 2).\n- The Commissioner of Police (or delegate) issues competence certificates for operators (Form 1) (Schedule 1, Form 1).\n- Drivers and other tested persons receive the printed statement of the machine’s result and the authorised person’s certificate (reg 7; Schedule 1, Form 3).\n\nWhy it matters (practical legal effect)\n\n- Standardises evidence: by fixing the form of certificates and mandating device operation and printed results, the regulations set a consistent record‑keeping and evidentiary process for breath analysis used in road‑traffic prosecutions (regs 4, 5, 7; Schedule 1; Schedule 2).\n- Constrains how authorised persons must behave: operators must be competent (Form 1), follow the prescribed steps for the Dräger Alcotest 9510, and provide the printed or signed statements to the tested person (reg 4; reg 5; reg 7; Schedule 2).\n\nStated purpose and practical trade‑offs\n\n- The formal purpose is to ensure breath analysis is performed and recorded in a consistent, legally recognisable way (see reg 4, reg 5, reg 7). That purpose is achieved mechanically by prescribing forms and device procedures.\n\n- Costs and incentives: the rules impose training and administrative costs on police and other authorised persons (to obtain/issue Form 1, to operate the device per Schedule 2, to keep printer paper and consumables). Those costs fall on the enforcing agency (police) and indirectly on the public fisc.\n\n- Risk of device‑specific lock‑in: reg 5 requires operation \"in accordance with the instructions set out in Schedule 2\" for the Dräger Alcotest 9510. That creates dependence on a single model’s procedure for evidentiary compliance; introducing or switching to different equipment would require regulatory change or compliance mapping (reg 5; Schedule 2).\n\n- Procedural certainty vs operational flexibility: prescribing a printed result and fixed certificate forms reduces disputes over what was done (easier evidence chains) but reduces flexibility for authorised persons or newer devices that do not produce the exact output or whose operation differs (reg 7; Schedule 1; Schedule 2).\n\n- Implementation risks and administrative details: failure to follow the technical steps (Schedule 2), to keep printer paper, or to complete/hand the required statements may create admissibility or challenge risks in prosecutions (reg 7; Schedule 2; Schedule 1).\n\nConcrete behavioural effects (who pays, who decides, what changes)\n\n- Who pays: police agencies bear direct costs (training, equipment maintenance, consumables). Individuals tested are affected by procedural safeguards (receipt of printed statement) but do not pay for compliance.\n- Who decides: the Commissioner of Police issues competence certificates (Form 1) and authorised persons decide whether a test is conducted and must comply with the prescribed steps and forms (Schedule 1, Form 1; Form 3).\n- What behaviour changes: authorised persons must follow the printed, stepwise procedure for the specified device; they must complete and hand the required certificate or printed statement to the tested person; agencies must stock consumables (printer paper, mouthpieces) and provide operator training.\n\nRelevant provisions (short citations)\n\n- Application: regs apply whenever breath is provided for analysis (reg 3).\n- Certificates: Form 1 (operator competence) and Form 3 (authorised person’s test certificate) prescribed (reg 4; Schedule 1).\n- Device operation: Dräger Alcotest 9510 must be used per Schedule 2 (reg 5; Schedule 2).\n- Result indication: breath analysers must print the result statement (reg 7).\n- Defined item: equilibrator defined (reg 2).\n\nSummary judgement on scope and trade‑offs\n\n- Mechanically straightforward: the instrument standardises forms, mandates printed machine output, and locks in a device‑specific operating procedure. That increases procedural certainty for prosecutions at the cost of device specificity, operator training, and modest ongoing consumable/admin costs for enforcement agencies. The main implementation risk is failure to follow the prescribed technical steps or to maintain printer and consumables, which can create evidentiary vulnerabilities (see Schedule 2; reg 7; Schedule 1)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative text was available for review. The URL provided returned a system error page rather than the text of the regulations."},"complexity_factors":["No legislative text was retrievable — the page returned a 404-style error message rather than legal content","Analysis is impossible without source material; score of 1 reflects absence of content, not simplicity of the underlying law","The actual regulations, if accessible, would likely score higher due to technical breath-testing procedures and evidentiary requirements"],"plain_english_summary":"This Western Australian regulation sets out rules for breath analysis related to suspected drink-driving — how breath tests are conducted, who administers them, and how results are used. It primarily affects drivers, police officers who carry out tests, and courts that rely on breath evidence.\n\nThe 1975 instrument may have been amended; the text couldn’t be retrieved here due to website changes. For the current version, search the Western Australian legislation site (legislation.wa.gov.au) for \"Road Traffic (Breath Analysis) Regulations 1975.\""},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing the technical procedures, equipment specifications, and certificate forms for breath analysis under the Road Traffic Act 1974. While the specific breathalyser model has been updated over time (most recently to the Dräger Alcotest 9510 in 2021) and forms have been modernised, the scope has not expanded beyond breath analysis procedures."},"complexity_factors":["Only 1 defined term ('equilibrator') in the interpretation section","Minimal cross-referencing (only references to specific sections of the parent Road Traffic Act 1974)","Straightforward procedural structure with only 7 regulations (one deleted)","Simple conditional logic limited to Schedule 2 (basic IF/THEN instructions for operating equipment)","Short length (approximately 6 pages including schedules and compilation tables)","No nested exceptions or complex definitional chains"],"plain_english_summary":"These regulations set out the technical and procedural rules for breath testing drivers in Western Australia under the Road Traffic Act 1974.\n\n**What it does:**\n- **Sets up the paperwork:** It specifies the exact forms (certificates) that police must use when certifying that officers are qualified to operate breathalysers, and when recording the results of a breath test.\n- **Dictates how breathalysers work:** It mandates that police must use a specific device called the \"Dräger Alcotest 9510\" and follow a strict step-by-step procedure (found in Schedule 2). This includes checking the machine is ready, entering details, attaching a mouthpiece, and getting the driver to blow.\n- **Defines technical equipment:** It describes an \"equilibrator\" (a calibration device used to test the accuracy of breathalysers) as a container with specific labelling and tubing.\n- **Explains how results are shown:** The result must be printed by the machine itself.\n\n**Who it affects:**\n- **Police officers** who conduct roadside breath testing.\n- **Drivers** who are pulled over and required to provide a breath sample.\n- **Courts** that rely on these certificates and procedures as evidence in drink-driving prosecutions.\n\n**Why it matters:**\nThese rules ensure breath testing is done consistently and fairly. If police don't follow these exact steps or use the right forms, the evidence might be challenged in court. The regulations create a clear chain of custody for breath samples and ensure the machines are operated correctly, protecting both public safety and individual rights."}},"importantCases":[],"_links":{"self":"/api/acts/road-traffic-breath-analysis-regulations-1975","history":"/api/acts/road-traffic-breath-analysis-regulations-1975/history","analysis":"/api/acts/road-traffic-breath-analysis-regulations-1975/analysis","conflicts":"/api/acts/road-traffic-breath-analysis-regulations-1975/conflicts","importantCases":"/api/acts/road-traffic-breath-analysis-regulations-1975/important-cases","documents":"/api/acts/road-traffic-breath-analysis-regulations-1975/documents"}}