48OAssessment of drug impairment

48O Assessment of drug impairment

(1) Subject to this section, a police officer may at any time require a rail safety worker who—

(a) is about to carry out rail safety work; or

(b) is carrying out rail safety work; or

(c) is attempting to carry out rail safety work; or

(d) is still on railway premises after carrying out rail safety work; or

(e) without limiting a preceding paragraph—is involved in a prescribed notifiable occurrence—

to undergo an assessment of drug impairment.

(2) Subject to this section, a police officer may require—

(a) a rail safety worker whom the officer believes on reasonable grounds has within the last 3 preceding hours carried out rail safety work on a railway when a notifiable occurrence or prescribed notifiable occurrence occurred involving the rail safety worker; or

(b) a rail safety worker required under section 126(1) of the Rail Safety National Law (Victoria) to submit to a preliminary breath test; or

(c) a rail safety worker required under section 126(1) of the Rail Safety National Law (Victoria) to submit to a breath analysis—

to undergo an assessment of drug impairment.

(3) A police officer may only require a rail safety worker to undergo an assessment of drug impairment under subsection (1) or (2) if the officer is of the opinion that the rail safety worker's behaviour or appearance indicates that the worker may be impaired for a reason other than alcohol alone.

(4) A police officer may direct a rail safety worker required under subsection (1) or (2) to undergo an assessment of drug impairment to accompany the officer to a place where the assessment is to be carried out and to remain there until the assessment has been carried out or until 3 hours after the carrying out of the rail safety work, whichever is sooner.

(5) A rail safety worker is not obliged to undergo an assessment of drug impairment if more than 3 hours have passed since the worker last carried out rail safety work.

S. 48P inserted by No. 41/2019 s. 17.