Breath Tests Regulations, 2010

L.N. 392 of 2010

TRAFFIC REGULATION ORDINANCE

(CAP. 65)

Breath Tests Regulations, 2010

IN exercise of the powers conferred by article 15B(2) of the

Traffic Regulation Ordinance, the Minister responsible for the Police

has made the following regulations:-

The title of these regulations is the Breath Tests

Regulations, 2010.

(Regulation 4)

Lion Alcometer SD-400.

For the purposes of these regulations, "the Ordinance"

means the Traffic Regulation Ordinance.

[Regulations 5 and 6(1)]

Lion Intoxilyzer 6000 – 220/240volts.

B

For the purpose of carrying out the breath test referred to

in the Ordinance, the test shall be carried out by the device set out in

the Schedules to these regulations.

(Regulations 5 and 7)

Lion Intoxilyzer 1-8000

When the equipment to be used by the Police is the

equipment set out in the First Schedule, the results so obtained shall

be of an indicative nature.

(Regulation 9)

Malta National Laboratory

When the equipment to be used by the Police is the

equipment listed in the Second and Third Schedules, the results so

obtained shall be treated as the analytical results referred to in article

15E(1) of the Ordinance.

(1) When the device set out in the Second Schedule is

used, two specimens of breath shall be required for analysis in terms

of article 15E(1)(a) of the Ordinance.

(2) Of the two specimens of breath provided by any person in

pursuance of this regulation, the specimen with the lower proportion

of alcohol in the breath shall be used as evidence and the other

specimen shall only be indicative

Provided that if the specimen with the lower proportion of

alcohol contains no more than 50 microgrammes of alcohol in 100

millilitres of breath, the person who provided it may claim that it

should be replaced by such specimen as may be required under article

15E(1)(b) of the Ordinance and, if he then provides such a specimen,

neither specimen of breath shall be used.

When the device set out in the Third Schedule is used, one Breath

specimen of breath is required for analysis in terms of article specimen.

15E(1)(a) of the Ordinance

Provided that if the specimen contains no more than 50

microgrammes of alcohol in 100 millilitres of breath, the person

who provided it may claim that it should be replaced by such

specimen as may be required under article 15E(1)(b) of the

Ordinance and, if he then provides such a specimen, the breath

specimen shall not be used.

Specimens of breath may be required to be provided at or Place where

near the place where their provision is requested, or at a Police breath

is to be

station, health centre or hospital.

provided.

(1) The analysis of any specimen provided in Analysis of

accordance with the provisions of article 15E(1)(b) of the Ordinance specimen.

shall take place at the laboratories set out in the Fourth Schedule.

(2) Specimens of blood may be required to be provided at a

Police station, health centre or hospital.

(3) Two specimens of urine required for analysis shall be

provided with an interval of one hour between them and the later

specimen shall be used for analysis.

(4) Specimens of urine may be required to be provided at a

Police station, health centre or hospital.

The Breath Tests (Devices and Laboratories) are hereby Repeal.

repealed.