BREATH TESTS REGULATIONS

BREATH TESTS

SUBSIDIARY LEGISLATION 65.16

BREATH TESTS REGULATIONS

6th August, 2010

LEGAL NOTICE 392 of 2010, as amended by Legal Notice 422 of 2015

and 28 of 2018.

The title of these regulations is the Breath Tests

Regulations.

Amended by

L.N. 422 of 2015,

(Regulation 4)

L.N. 28 of 2018.

Alcovisor Professional Breath Alcohol Analyser; Model Jupiter

or any other model having the same function.

For the purposes of these regulations, "the Ordinance"

means the Traffic Regulation Ordinance.

Amended by

L.N. 422 of 2015.

(Regulation 7)

Malta National Laboratory.

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 First Schedule.

When the equipment to be used by the Police is the

equipment listed in the First Schedule, the results so obtained shall

be treated as the analytical results referred to in article 15E(1) of

the Ordinance.

If the breath 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 m ay be required under article 15E (1)(b) of the

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

of breath shall not be used.

Specimens of breath may be required to be provided at or

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

station, health centre or hospital.

(1) The analysis of any specimen provided in accordance

with the provisions of article 15E(1)(b) of the Ordinance shall take

place at the laboratories set out in the Second 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.

BREATH TESTS