29Preliminary breath tests

29 Preliminary breath tests

S. 29(1) amended by No. 37/2014 s. 10(Sch. item 106.2).

S. 29(1)(a) substituted by No. 66/2012 s. 9(1)(a).

(a) any person he or she finds to be operating a vessel; or

S. 29(1)(ab) inserted by No. 66/2012 s. 9(1)(a).

(ab) any person he or she finds to be a master or pilot of a vessel underway or at anchor; or

S. 29(1)(b) amended by No. 66/2012 s. 9(1)(b).

(b) any person operating a vessel who has been requested or signalled to stop at or to go to a preliminary breath testing station under section 30(3); or

S. 29(1)(ba) inserted by No. 66/2012 s. 9(1)(c).

(ba) any person who is a master or pilot of a vessel who has been requested or signalled to stop at or to go to a preliminary breath testing station under section 30(3); or

S. 29(1)(c) amended by No. 66/2012 s. 9(1)(d).

(c) any person who he or she believes on reasonable grounds has within the last 3 preceding hours been operating a vessel or the master or pilot of a vessel underway or at anchor when it was involved in a marine incident; or

S. 29(1)(d) amended by Nos 66/2012 s. 9(1)(e), 37/2014 s. 10(Sch. item 106.2).

(d) any person who he or she believes on reasonable grounds was, within the last 3 preceding hours, an occupant of a vessel underway or at anchor when it was involved in a marine incident, if it has not been established to the satisfaction of the police officer which of the occupants was the person operating the vessel or the master or pilot of the vessel when it was involved in the marine incident—

to undergo a preliminary breath test by a prescribed device.

S. 29(2) amended by No. 37/2014 s. 10(Sch. item 106.2).

(2) A person required to undergo a preliminary breath test must do so by exhaling continuously into the device to the satisfaction of the police officer.

S. 29(3) substituted by No. 66/2012 s. 9(2).

(3) A person is not obliged to undergo a preliminary breath test if more than 3 hours have passed since the person was—