Article 28. Tests for the detection of narcotics, psychotropics, stimulating or other analogous substances.
1. Tests for the detection of narcotics, psychotropics, stimulating or other analogous substances will be performed according to the following paragraphs:
a) Tests will consist of medical examination of the subject and of clinical analyses that the forensic doctor or other qualified personnel of the health center or medical institute to which the subject is transferred, deems suitable. At the request of the subject or by order of the judicial authority, or if the subject refuses a first test, tests consisting of the analysis of blood, urine or other analogs will be repeated (LST Art 12,2, para 2).
b) Anyone in a similar situation to those in Article 21, with respect to the investigation of intoxication, is required to submit to the tests indicated in the previous paragraph. In the cases of refusal to carry out these tests, the traffic officer can immediately immobilize the vehicle as stated in Article 25.
c) Traffic officers noticing evident symptoms that reasonably indicate the presence in anyone of the substances alluded to in Article 27 will treat the matter in accordance with the Law of Criminal Judgment. When applicable, the judicial authorities will if possible arrange tests in the same manner as for alcoholic detection.
d) The competent authority will determine the verification programs to enforce preventive driving controls for narcotic, psychotropics, stimulating or other analogous substances.
2. Infractions of driving under the effects of narcotics, psychotropics, stimulating or other analogous substances, as well as infractions of the obligation to be tested for their detection are very serious offences (LST Art 65.5.a) and b)).
Showing posts with label alcohol and drugs. Show all posts
Showing posts with label alcohol and drugs. Show all posts
Wednesday, 27 June 2007
Narcotics, psychotropics, stimulating or other analogous substances.
Article 27. Narcotics, psychotropics, stimulating or other analogous substances.
1. The RGC prohibits driving of vehicles or bicycles by anyone who has ingested or is under the influence of narcotics, psychotropics, stimulating or other analogous substances. This includes medicines or other substances which alter the physical or mental state and affects the ability to drive safely.
2. Infractions are considered very serious offences (LST Art 65.5.a)).
1. The RGC prohibits driving of vehicles or bicycles by anyone who has ingested or is under the influence of narcotics, psychotropics, stimulating or other analogous substances. This includes medicines or other substances which alter the physical or mental state and affects the ability to drive safely.
2. Infractions are considered very serious offences (LST Art 65.5.a)).
Health personnel obligations.
Article 26. Health personnel obligations.
1. Health personnel will take samples and send them to the corresponding laboratory, and will report the test results to the authorities (LST Art 12,2, para 3).
2. The data included in the health personnel reports is; the method used in the tests, the exact time at which the sample was taken, the method used for its preservation and the amount of alcohol in the blood of the subject.
3. Infractions of the rules of this chapter are very serious offences (LST Art 65.5.a) and b)).
1. Health personnel will take samples and send them to the corresponding laboratory, and will report the test results to the authorities (LST Art 12,2, para 3).
2. The data included in the health personnel reports is; the method used in the tests, the exact time at which the sample was taken, the method used for its preservation and the amount of alcohol in the blood of the subject.
3. Infractions of the rules of this chapter are very serious offences (LST Art 65.5.a) and b)).
Vehicle immobilization.
Article 25. Vehicle immobilization.
1. If the result of the tests is positive, the officer will immediately immobilize the vehicle, unless another qualified driver can remove the vehicle.
2. In case of refusal to take a test the vehicle will be immobilized (LST Art 70).
3. Except where the judicial authority orders its seizure, in which case the immobilization of the vehicle will be in accordance with the arrangements by said authority, the immobilization ceases to apply when the cause is removed or the driver is substituted by a suitable person who can offer sufficient guarantee to the agents of the authority and is requested by the subject.
4. Expenses occasioned by immobilization, transfer and storage of the vehicle will be for the account of the driver or whoever is legally responsible for him.
1. If the result of the tests is positive, the officer will immediately immobilize the vehicle, unless another qualified driver can remove the vehicle.
2. In case of refusal to take a test the vehicle will be immobilized (LST Art 70).
3. Except where the judicial authority orders its seizure, in which case the immobilization of the vehicle will be in accordance with the arrangements by said authority, the immobilization ceases to apply when the cause is removed or the driver is substituted by a suitable person who can offer sufficient guarantee to the agents of the authority and is requested by the subject.
4. Expenses occasioned by immobilization, transfer and storage of the vehicle will be for the account of the driver or whoever is legally responsible for him.
Traffic officers’ duties.
Article 24. Traffic officers’ duties.
If the result of the second or subsequent test is positive, or if the driver displays symptoms of being under the influence of alcoholic beverages or is presumed to have committed a criminal offence, the traffic officers, in accordance with the LST of Criminal Judgment, must:
a) Describe accurately in the report the procedure followed to carry out the test(s).
b) Caution the subject, highlighting his right to challenge the results by means of a further test (Article 23,4).
c) Warn the subject, that drink-driving is a criminal offence under the Law of Criminal Judgment.
If the result of the second or subsequent test is positive, or if the driver displays symptoms of being under the influence of alcoholic beverages or is presumed to have committed a criminal offence, the traffic officers, in accordance with the LST of Criminal Judgment, must:
a) Describe accurately in the report the procedure followed to carry out the test(s).
b) Caution the subject, highlighting his right to challenge the results by means of a further test (Article 23,4).
c) Warn the subject, that drink-driving is a criminal offence under the Law of Criminal Judgment.
Test procedure.
Article 23. Test procedure.
1. If the result of the roadside test exceeds the limits in Article 20, or even if without reaching these limits, the subject exhibits symptoms of being under the influence of alcoholic drink, the officer can demand a second test.
2. The time between the first and second tests will be at least 10 minutes.
3. The subject (or their representative) will be informed of his rights which include having a further test done by means of blood, urine or other analogous analysis, by personnel of the medical center to which he will be transferred.
4. If the subject chooses a further test, the traffic officer will arrange for his transfer to the nearest health center. If the personnel of the health center decide to do a further test it will be done in accordance with the arrangements in Article 26.
The cost of these tests must first be deposited by the subject. If the test is positive he must pay from the deposit; if negative the Jefatura Central de Tráfico or competent authority will pay, returning the deposit.
1. If the result of the roadside test exceeds the limits in Article 20, or even if without reaching these limits, the subject exhibits symptoms of being under the influence of alcoholic drink, the officer can demand a second test.
2. The time between the first and second tests will be at least 10 minutes.
3. The subject (or their representative) will be informed of his rights which include having a further test done by means of blood, urine or other analogous analysis, by personnel of the medical center to which he will be transferred.
4. If the subject chooses a further test, the traffic officer will arrange for his transfer to the nearest health center. If the personnel of the health center decide to do a further test it will be done in accordance with the arrangements in Article 26.
The cost of these tests must first be deposited by the subject. If the test is positive he must pay from the deposit; if negative the Jefatura Central de Tráfico or competent authority will pay, returning the deposit.
Breath testing for alcohol.
Article 22. Breath testing for alcohol.
1. Tests to detect possible intoxication by alcohol will be done by traffic officers using breathalizers. At the request of the subject or by order of the judicial authority, or if a breath test is refused, testing will be done by blood, urine or other analogous analysis (LST Art 12,2, para 2).
2. If due to injury, ailment or disease whose seriousness prevents a roadside test, the medical personnel of the center to which they are evacuated will decide what tests to perform.
1. Tests to detect possible intoxication by alcohol will be done by traffic officers using breathalizers. At the request of the subject or by order of the judicial authority, or if a breath test is refused, testing will be done by blood, urine or other analogous analysis (LST Art 12,2, para 2).
2. If due to injury, ailment or disease whose seriousness prevents a roadside test, the medical personnel of the center to which they are evacuated will decide what tests to perform.
Investigation of intoxication. People required to give a sample.
Article 21. Investigation of intoxication. People required to give a sample.
All drivers of vehicles and bicycles are required to submit to tests that detect possible alcohol intoxication. Also other road users are required to test when they are involved in any traffic accident (LST Art 12,2, para 1).
Traffic officers will be able to test:
a) Any road user or vehicle driver involved directly, such a person in charge, in a traffic accident.
b) Drivers of any vehicle with evident symptoms that give reasonable cause to believe that they are under the influence of alcoholic beverages.
c) Drivers who are reported for the commission of some infraction of the rules contained in this regulation.
d) Any driver during programs of preventive control [random tests].
All drivers of vehicles and bicycles are required to submit to tests that detect possible alcohol intoxication. Also other road users are required to test when they are involved in any traffic accident (LST Art 12,2, para 1).
Traffic officers will be able to test:
a) Any road user or vehicle driver involved directly, such a person in charge, in a traffic accident.
b) Drivers of any vehicle with evident symptoms that give reasonable cause to believe that they are under the influence of alcoholic beverages.
c) Drivers who are reported for the commission of some infraction of the rules contained in this regulation.
d) Any driver during programs of preventive control [random tests].
Limits of alcohol in blood and breath.
Article 20. Limits of alcohol in blood and breath.
It is forbidden to drive vehicles or bicycles with a blood alcohol content over 0.5g/l, or a breath alcohol content over 0.25mg/l.
For goods vehicles with an a MAM over 3,500kg, vehicles used for the transport of passengers with more than nine seats, or for public service, or for the school transport or for children, for dangerous goods or emergency, driving is forbidden with a blood alcohol content over 0.3g/l, or a breath alcohol content over 0.15mg/l.
Drivers of any vehicle are forbidden to exceed the blood alcohol content of 0.3g/l, or a breath alcohol content of 0.15mg/l during the two years following the obtaining of their driving licence.
It is forbidden to drive vehicles or bicycles with a blood alcohol content over 0.5g/l, or a breath alcohol content over 0.25mg/l.
For goods vehicles with an a MAM over 3,500kg, vehicles used for the transport of passengers with more than nine seats, or for public service, or for the school transport or for children, for dangerous goods or emergency, driving is forbidden with a blood alcohol content over 0.3g/l, or a breath alcohol content over 0.15mg/l.
Drivers of any vehicle are forbidden to exceed the blood alcohol content of 0.3g/l, or a breath alcohol content of 0.15mg/l during the two years following the obtaining of their driving licence.
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