Railway Safety Act 2005
Obligation to provide specimen following arrest. |
100.—(1) Where a safety critical worker is arrested under section 99 , a member of the Garda Síochána may, at a Garda Síochána station, at his or her discretion, do either or both of the following: | |
(a) require the worker to provide, by exhaling into an apparatus for determining the concentration of alcohol in the breath, 2 specimens of his or her breath and may indicate the manner in which he or she is to comply with the requirement, | ||
(b) require the worker either— | ||
(i) to permit a designated medical practitioner to take from the worker a specimen of his or her blood, or | ||
(ii) at the option of the worker, to provide for the designated medical practitioner a specimen of his or her urine. | ||
(2) If the medical practitioner referred to in subsection (1)(b) states in writing that he or she is unwilling, on medical grounds, to take from the safety critical worker a specimen of the worker's blood or be provided by the worker with a specimen of the worker's urine, the member may make a requirement of the worker under subsection (1)(b) in relation to the specimen other than that to which the first requirement related. | ||
(3) Subject to section 108 , a person who refuses or fails to comply immediately with a requirement under subsection (1)(a) is guilty of an offence. | ||
(4) Subject to section 108 , a person who, following a requirement under subsection (1)(b)— | ||
(a) refuses or fails to comply with the requirement, or | ||
(b) refuses or fails to comply with a requirement of a designated medical practitioner in relation to the taking under that subsection of a specimen of blood or the provision under that subsection of a specimen of urine, | ||
is guilty of an offence. | ||
(5) In a prosecution for an offence under this Chapter it shall be presumed, until the contrary is shown, that an apparatus provided by a member of the Garda Síochána for the purpose of enabling a person to provide 2 specimens of breath pursuant to this section is an apparatus for determining the concentration of alcohol in the breath. |