sec.39Breath analysis certificate

### sec.39 Breath analysis certificate As soon as practicable after a specimen of breath provided as directed under this part has been analysed, the instrument operator must— sign 2 copies of a certificate (a breath analysis certificate ) in writing stating— the concentration of alcohol indicated by the analysis to be present in the blood or breath of the rail safety worker whose breath has been analysed; and the date and time the analysis was made; and give 1 copy of the certificate to— the worker; or if requested by the worker—another person on the worker’s behalf; and either— if the operator is the authorised person who gave the direction—retain 1 copy of the certificate; or otherwise—give 1 copy of the certificate to the authorised person who gave the direction. A copy of a breath analysis certificate is— evidence that the instrument used to analyse the specimen of breath to which the certificate relates was a breath analysing instrument; and evidence that that instrument was in proper working order and properly operated by the instrument operator; and evidence that all requirements prescribed by regulation relating to breath analysing instruments were complied with in relation to that instrument; and presumed to have been given to the rail safety worker to whom the certificate relates, unless the contrary is proved. (sec.39-ssec.1) As soon as practicable after a specimen of breath provided as directed under this part has been analysed, the instrument operator must— sign 2 copies of a certificate (a breath analysis certificate ) in writing stating— the concentration of alcohol indicated by the analysis to be present in the blood or breath of the rail safety worker whose breath has been analysed; and the date and time the analysis was made; and give 1 copy of the certificate to— the worker; or if requested by the worker—another person on the worker’s behalf; and either— if the operator is the authorised person who gave the direction—retain 1 copy of the certificate; or otherwise—give 1 copy of the certificate to the authorised person who gave the direction. (sec.39-ssec.2) A copy of a breath analysis certificate is— evidence that the instrument used to analyse the specimen of breath to which the certificate relates was a breath analysing instrument; and evidence that that instrument was in proper working order and properly operated by the instrument operator; and evidence that all requirements prescribed by regulation relating to breath analysing instruments were complied with in relation to that instrument; and presumed to have been given to the rail safety worker to whom the certificate relates, unless the contrary is proved. - (a) sign 2 copies of a certificate (a breath analysis certificate ) in writing stating— (i) the concentration of alcohol indicated by the analysis to be present in the blood or breath of the rail safety worker whose breath has been analysed; and (ii) the date and time the analysis was made; and - (i) the concentration of alcohol indicated by the analysis to be present in the blood or breath of the rail safety worker whose breath has been analysed; and - (ii) the date and time the analysis was made; and - (b) give 1 copy of the certificate to— (i) the worker; or (ii) if requested by the worker—another person on the worker’s behalf; and - (i) the worker; or - (ii) if requested by the worker—another person on the worker’s behalf; and - (c) either— (i) if the operator is the authorised person who gave the direction—retain 1 copy of the certificate; or (ii) otherwise—give 1 copy of the certificate to the authorised person who gave the direction. - (i) if the operator is the authorised person who gave the direction—retain 1 copy of the certificate; or - (ii) otherwise—give 1 copy of the certificate to the authorised person who gave the direction. - (i) the concentration of alcohol indicated by the analysis to be present in the blood or breath of the rail safety worker whose breath has been analysed; and - (ii) the date and time the analysis was made; and - (i) the worker; or - (ii) if requested by the worker—another person on the worker’s behalf; and - (i) if the operator is the authorised person who gave the direction—retain 1 copy of the certificate; or - (ii) otherwise—give 1 copy of the certificate to the authorised person who gave the direction. - (a) evidence that the instrument used to analyse the specimen of breath to which the certificate relates was a breath analysing instrument; and - (b) evidence that that instrument was in proper working order and properly operated by the instrument operator; and - (c) evidence that all requirements prescribed by regulation relating to breath analysing instruments were complied with in relation to that instrument; and - (d) presumed to have been given to the rail safety worker to whom the certificate relates, unless the contrary is proved.