7Duties of approved operators in relation to breath analysing instruments

7 Duties of approved operators in relation to breath analysing instruments

If a breath analysing instrument is to be used by an approved operator to carry out a breath analysis, the operator is to ensure –

(a) that the person submitting to the breath analysis gives a sample of breath into a mouthpiece supplied by the operator; and

(b) that an unused mouthpiece has been provided by the operator for use in the breath analysis; and

(c) that the operator does not carry out a breath analysis unless he or she is satisfied that the person has not consumed intoxicating liquor during the 15 minutes preceding the analysis; and

(d) that, after the completion of the breath analysis, the operator –

(i) records the resultant reading of the breath analysis; and

(ii) makes enquiries to ascertain whether the person is –

(A) if the breath analysis is carried out under the Act – a person mentioned in section 6(3) of the Act; or

(B) if the breath analysis is carried out under the Marine Act – an operator of a commercial vessel within the meaning of that Act; and

(iii) completes and signs the written statement required by –

(A) if the breath analysis is carried out under and for the Act – section 11(1) of the Act; or

(B) if the breath analysis is carried out under and for the Marine Act – section 29 of the Marine Act; and

(e) that the person submitting to the breath analysis is provided with a copy of the printout supplied by that instrument in respect of that breath analysis.