Arrive Alive

Breath Testing

PROSECUTING GUIDELINES FOR EVIDENTIARY BREATH TESTING EQUIPMENT (EBTM)


1. GENERAL GUIDELINES FOR PROSECUTION IN DRUNK DRIVING CASES

1.1. The fact that neither a blood nor a breath sample can be obtained does not preclude a prosecution on a charge of driving under the influence, if other evidence is available. If, for example, a competent and knowledgeable officer on drunken driving cases is available as witness, his or her evidence may well suffice.

1.2. Section 37 of Act 51 of 1977 is not unconstitutional and accordingly an accused may not refuse that blood be drawn.

1.3. A traffic officer, appointed as a peace officer in terms of section 334 of the Criminal Procedure Act, 1977 (GKR. 159 Government Gazette 6295 2 February 1979, as amended) has for purposes of the CPA the same powers as a police officer.  He may therefore request a doctor or registered nurse to draw blood.

1.4. If the holder of a Professional driving permit (Prdp) is charged for driving with excess alcohol in his blood or breath, whilst driving in circumstances where a Prdp is not required, he must be prosecuted for contravention of the section as a normal driver and not a professional driver.  (After implementation of Section 65 of Act 93 of 1996).

2. GUIDELINES FOR PROSECUTION WITH EVIDENTIARY BREATH TESTING EQUIPMENT

2.1. The equipment may only be operated by a registered traffic officer who must have passed an operator’s course for the particular model of the machine and must be issued with an operator’s certificate of competence.

2.2. The operator must keep in his/her possession the operator’s certificate for the equipment in question or a certified copy.

2.3. Only the equipment which complies with Regulation 332 of the Regulations in terms of the National Road Traffic Act may be used. Equipment must be calibrated at least once every six months by an accredited laboratory and a calibration certificate issued.  A certified copy of the calibration certificate shall be available on site.  Equipment that is outside the six months period must be recalibrated before it may be used for prosecution purposes.

2.4. After maintenance and repair of the equipment, it must be recalibrated.

2.5. All calibrations, maintenance and repairs shall be recorded in an appropriate equipment service record, which is kept for each unit.

EVIDENTIAL BREATH TESTER: EQUIPMENT SERVICE RECORD

AUTHORITY

 

EQUIPMENT SERIAL NUMBER

CALIBRATION LABORATORY

DATE

NATURE OF MALFUNCTION/

ROUTINE TEST

CALIBRATION TEST

DETAILS OF REPAIRS

MANUFACTURER/SUPPLIER SIGNATURE

Example

 

 

 

 

1/1/99

Detects interferant all the time

2/2/99

Heating tube replaced

XYZ (Pty) Ltd

5/7/99

Routine calibration test

5/7/99

N/A

XYZ (Pty) Ltd

 

EVIDENTIAL BREATH TESTER: OCCURRENCE REGISTER

AUTHORITY

 

EQUIPMENT SERIAL NUMBER

 

DATE

SUBJECT

TIME STOPPED

TIME TESTED

EBTM READING

CAS NUMBER

Example

 

 

 

 

 

1/1/99

Mr X

10:05

10:15

0.62

Sunnyside X/xx/99

1/1/99

Mr Y

10:17

11:03

0.37

Released

 

[ Compiled by the Technical Committee for Standards and Procedures for Traffic Control and Traffic Control Equipment (TCSP) ]

Tell A Friend

Loading...

Search Road Safety Articles

Latest Pages

Vehicle Recovery and Road Safety

Vehicle Recovery and Road Safety

Recovery of Vehicles after an Accident / Dealing with Tow Truck Operators Background Information Tow truck operators provide a valuable service to the motoring public. They are quite often the first to arrive at the scene of an accident and have been known on many occasions to provide assistance

Read More

Road Safety Tips for the Festive Season from ArriveAlive.co.za

Road Safety Tips for the Festive Season from ArriveAlive.co.za

Obey the rules of the road and carry your driver’s license with you. Plan the route to your holiday destination and allow yourself enough time to reach the destination Make sure that your vehicle is in a roadworthy condition before departure. All lights and indicators, windscreens, windscreen

Read More

Texting and Distracted Driving

Texting and Distracted Driving

Introduction and Background Distracted driving is described as an epidemic sweeping our roads. This topic is receiving much attention internationally and we would like to discuss in this section of the Arrive Alive website the global impact and the risks of texting and driving! It has been revealed

Read More

The Basic Steering and Suspension Layouts

The Basic Steering and Suspension Layouts

Steering Rack / Rack & Pinion The Steering Rack is the assembly in a vehicle which turns the vehicle’s wheels from side to side in response to when the driver turns the steering wheel. The Steering Rack is what helps you steer when you drive. Common Rack & Pinion Steering Problems: Very

Read More

Child Restraints and Road Safety

Child Restraints and Road Safety

Introduction to Child Restraints and Road Safety Increasing motorization worldwide has brought more crashes and injuries to vehicle occupants, particularly in low- and middle-income countries. One of the most effective measures to protect occupants from injury in the event of a crash is the fitment

Read More

Car Seats for Children and Road Safety in South Africa

Car Seats for Children and Road Safety in South Africa

Introduction: New legislation in South Africa is addressing a void which has for a number of years frustrated all those so deeply concerned with the safety of our children on the roads. The void referred to was specifically with regards to child passengers [infants] younger than 3 years old. Although

Read More

Load More Pages

Partners

View All