OPERATIONS: » SPECIAL RESPONSE
Arrangement of Provisions
- Short title and commencement
- Interpretation
- Driving when drunk or drugged
- Insertion of new provisions
2009, No 10
AN ACT to amend the road Traffic Ordinance 1960
BE IT ENACTED by the legislative Assembly of Samoa in Parliament assembled as follows:
- Short title and commencement-(1) the act may be cited as the road traffic Ordinance 1960(the “principal Act”)This Act comes in to force on a date to be nominated by the Minister
- Interpretation- Section 2 of the Principal Act is amended by inserting the following definitions in the correct alphabetical order
Road Traffic (Breathalyzers) Amendment 2009, No. 10
- Blood specimen means a specimen of vendor’s blood taken in accordance with normal medical procedures
- Blood test means the taking of a blood specimen for analysis
- Breath screening device means a device of a kind approved for the purpose of breath screening tests by the Minister
- Breath screening tests means a test carried out by means of a breath screening devise in accordance with this Act
- Commissioner means Commissioner of Police and Prison Services
- Enforcement officer means
- a police officer in uniform; or
- an officer of the Land Transport Authority authorized to enforce provisions of the Road Traffic Ordinance 1960
- evidential breath test means a test carried out by means of an evidential breath test device in accordance with this Act
- evidential breath test device means a devise of a kind approved for the purpose of conclusion evidential breath tests in accordance with this Act
- medical officer means
A person’s acting in a hospital and who in the normal course of the persons duties takes blood specimen’s or
A nurse; or
A medical laboratory technician
- medical practitioner has the same meaning as in section 2 of the Medical means Minister responsible for Transport
- passive breath testing device of a kind approved by the Minister responsible for Transport
- public place has the same meaning as in section 2 of the Police Offences Ordinance 1961
2009, No. 10 Road Traffic (Breathalyzer) Amendment
- Driving when drunk or drugged - Section 40 of the Principal Act is amended by deleting the section in its entirety and substituting with the following
“40 Contraventions of specified breath alcohol and blood alcohol limits and drugs
A person commits an offence if the person drives or attempts to drive a motor vehicle while the proportion of alcohol in the persons breath as ascertained by the analysis of a blood specimen subsequently taken from the person under section 40e or section 40f, exceeds 80 milligrams of alcohol per 100 milliliters of blood
- A person commits an offence if the person drives or attempts to drive a motor vehicle while the proportion of alcohol in the person’s blood as ascertained by the analysis of a blood specimen subsequently taken from the person under section 40E or section 40F, exceeds 80 milligrams of alcohol per 100 milliliters of blood
- A person commits a offence if the person drives or attempts to drive a motor vehicle while under influence of a drug to such an extent as to be incapable of having proper control of the vehicle
- For the purposes of subsection(3), a drugs means a narcotic prescribed under the Narcotics Act 1967 or any other substances that can impair the driving ability
- A person who is convicted of an offence against subsection (1), (2), (3) of this section is liable to a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 5 years imprisonment, or both
- A person convicted of an offence under this section shall, unless the court for special reason thinks fit to order otherwise and without prejudice to the power of the court to order a larger period of disqualification, be disqualified for a period of 12 months from holding or obtain a driving license.
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