110Assessment of sobriety if breath testing device not available

#### 110 Assessment of sobriety if breath testing device not available 110 Assessment of sobriety if breath testing device not available > > (1) A test supervisor or police officer may require a transport safety employee to submit to an assessment of the employee’s sobriety in accordance with the directions of the test supervisor or police officer if— > > > > > (a) the test supervisor or police officer is entitled under this Regulation to require the employee to undergo a breath test, and > > > > > (b) the device required to carry out the breath test is not readily available. > > > (2) A requirement that a transport safety employee submit to an assessment under subclause (1) is not open to challenge in proceedings on the basis that the device was readily available. > > **cl 110:** Rep 2017 (595), Sch 1 \[41\]. Ins 2021 (483), Sch 1\[2\].