123Failure to conduct test

123 Failure to conduct test

123 Failure to conduct test

(1) An operator must ensure that a transport safety employee of the operator who is involved, or reasonably suspected of being involved, in a notifiable incident while carrying out transport safety work is required, within 4 hours after the incident—

(a) to undergo a breath test and, if it appears to the test supervisor as a result of the breath test that the prescribed concentration of alcohol may be present in the employee’s blood, a breath analysis, or

(b) to provide a sample of blood or urine in accordance with Division 2.

Maximum penalty—50 penalty units.

(2) It is a condition of the accreditation of a bus operator that the operator must not, without reasonable excuse, fail to comply with the requirements of this clause.

(3) In this clause—

notifiable incident means an accident or incident that the operator reasonably believes is likely to arouse serious public concern or that results in one or more of the following—

(a) the death of a person,

(b) an injury to a person that is, in the operator’s reasonable opinion, likely to require treatment at a hospital,

(c) the capsize, swamping, flooding or sinking of a ferry,

(d) a bus being prevented from continuing its journey.

cl 123: Rep 2017 (595), Sch 1 [41]. Ins 2021 (483), Sch 1[2].