Railway Safety Act 2005
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Procedure following provision of breath specimen under section 100 . |
103.—(1) Where, consequent on a requirement under section 100 of him or her, a safety critical worker provides 2 specimens of his or her breath and the apparatus referred to in that section determines the concentration of alcohol in each specimen, in case the apparatus determines that each specimen has— | |
(a) the same concentration of alcohol, either specimen, or | ||
(b) a different concentration of alcohol, the specimen with the lower concentration of alcohol, | ||
shall be taken into account for the purposes of section 97 (2) and the other specimen shall be disregarded. | ||
(2) Where the apparatus referred to in section 100 determines that in respect of the specimen of breath to be taken into account the safety critical worker may have contravened section 97 (2) he or she shall be supplied immediately by a member of the Garda Síochána with 2 identical statements, automatically produced by the apparatus in the prescribed form and duly completed by the member in the prescribed manner, stating the concentration of alcohol in the said specimen determined by the apparatus. | ||
(3) On receipt of the statements, the safety critical worker shall on being requested so to do by the member— | ||
(a) immediately acknowledge such receipt by placing his or her signature on each statement, and | ||
(b) return either of the statements to the member. | ||
(4) A person who refuses or fails to comply with subsection (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding €1,000 or to imprisonment for a term not exceeding 1 month, or to both. | ||
(5) Section 107 (1) applies to a statement under this section as respects which there has been a failure to comply with subsection (3)(a) as it applies to a duly completed statement under this section. |