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Approves The Regulations Of Supervision Of Driving Under Influence Of Alcohol Or Psychotropic Substances.

Original Language Title: Aprova o Regulamento de Fiscalização da Condução Sob Influência do Álcool ou de Substâncias Psicotrópicas.

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PROPOSED LAW NO. 78 /X

Exhibition of Motives

The recent amendment to the Road Code, adopted by the Decree-Law No. 44/2005, of 23

of February, it came to introduce modifications to the procedure for supervision of the

driving under the influence of alcohol and psychotropic substances, specifically in the

which refers to the latter, the supervision of which was more complex and costly.

On the other hand, the experience of the six years of application of this legislation advises the

introduction of some adjustments that make their execution easier and effective, with

lower injury to the fiscals and lower cost to the state.

Thus, with respect to the supervision of driving under the influence of substances

psychotropic, prior screening, until now done through medical examination, will

replaced by a quick test to be carried out in a sample of urine, saliva or sweat and only in the

case of a result being positive will submit the individual to a confirmation examination, in

blood sample.

The identical proof of trace, but to be carried out in the blood, will be subjected to the

interveners in road accidents which, for health reasons, are not in

conditions for them to be harvested other biological fluids.

Those examined that present positive result in any of those exams of

screening must then be submitted the confirmation examination in sample of

blood.

Finally, taking into account that the medical examination is difficult to perform, morose and not

achieves the accuracy of results achieved by the laboratory examinations, confers

residual character to the examination, which will only be carried out in cases where it is not

possible to harvest blood by examining.

The National Data Protection Commission has been heard, and the

relevant contributions at this registered office, without prejudice to subsequent consultation at the headquarters of

regulation of procedures.

The governing bodies of the Autonomous Regions should be heard.

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Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following proposal for a law:

Article 1.

Regulation

The Regulation of Surveillance of Conduction under Influence of Alcohol or of

Psychotropic Substances, annexed to this Law and which of it is an integral part.

Article 2.

Abrogation standard

It is repealed the Regulatory Decree No. 24/98 of October 30.

Article 3.

Entry into force

This Law shall come into force 90 days after its publication.

Seen and approved in Council of Ministers of May 18, 2006.

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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ANNEX

REGULATION OF SUPERVISION OF CONDUCT UNDER INFLUENCE

OF ALCOHOL OR PSYCHOTROPIC SUBSTANCES

CHAPTER I

ASSESSMENT OF THE STATE OF INFLUENCE BY ALCOHOL

Article 1.

Detection and quantification of alcohol rate

1-A The presence of alcohol in the blood can be indicted by means of test in the expired air,

carried out in qualitative analyser.

2-A The quantification of the blood alcohol rate is done by test in the expired air,

carried out in quantitative analyser, or by blood analysis.

3-A blood analysis is carried out when it is not possible to carry out the test in

quantitative analyser.

Article 2.

Method of surveillance

1-When the test performed on qualitative analyser indict the presence of alcohol in the

blood, the examining is subjected to new test, to be carried out in quantitative analyser,

owing, where possible, the interval between the two tests shall not be more than thirty

minutes.

2-For the purposes of the provisions of the preceding paragraph, the agent of the supervising entity

accompanies the examination to the place in which the test can be carried out, ensuring the

your transport, when necessary.

3-Where for the carriage referred to in the preceding paragraph it is not possible to use the

vehicle of the supervising entity, this shall request the entity collaboration

licensed carrier.

4-The payment of the carriage referred to in the preceding paragraph shall be the responsibility of the

supervising entity, without prejudice to the provisions of paragraph 3 of Article 158º of the Code of

Road.

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Article 3.

Contrapproves

The methods and equipment provided for in this Law and supplementary provisions,

for the realization of the assessment examinations of the state of influence of alcohol, are

applicable to the contrapprove provided for in Article 153 (3) of the Road Code.

Article 4.

Impossibility of realization of the test in the expired air

1-When, after three successive attempts, examining him is unable to expel air in

sufficient quantity for the realization of the test in quantitative analyser, or when

the physical conditions in which it is found do not allow it to carry out that test,

analysis of blood must be carried out.

2-In cases referred to in the preceding paragraph, where necessary, the agent is required

of the supervising entity ensures the transport of the individual to the establishment of the network

public health closest, so that a blood sample is collected.

3-A harvest referred to in the preceding paragraph can only be carried out in the

establishments in the public health network that build on the list to be released by the

Regional Health Administrations or, in the case of Autonomous Regions, by the

respective Regional Government.

Article 5.

Harvesting of blood

1-A blood harvesting must be carried out, in the shortest possible time, after the act

of supervision or the occurrence of the accident.

2-In the harvesting and packaging of the blood sample must be used the

procedures and the material defined by joint portery of the members of the Government

responsible for the areas of the Internal Administration, Justice and Health.

3-A blood sample is subsequently sent, by the establishment that proceeded to

harvest, to the Delegation of the National Institute of Legal Medicine of its area.

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Article 6.

Blood toxicological examination for quantification of the rate of alcohol

1-The examination for quantification of the blood alcohol rate is carried out with recourse to

analytical procedures, which include gas chromatography.

2-The examination referred to in the preceding paragraph may only be carried out by the Office

National of Legal Medicine.

3-A Delegation of the National Institute of Legal Medicine that proceed to the examination shall,

within a maximum of 30 days from the date of receipt of the sample, send to the entity

supervising that required it the result obtained, in approved model reporting.

4-Whenever the result of the examination is positive, the supervising entity proceeds to the

lift of the corresponding news self, the one that joins the report.

5-The result of the blood test for quantification of the alcohol rate prevails

on the result of the test in the expired air carried out in quantitative analyser.

Article 7.

Medical examination for determination of the state of influence by alcohol

1-For the purposes of the provisions of Article 153 (8) and 3 (3) of the Code of

Estrada, considers it not possible to conduct the alcohol research exam in the

blood when, after repeated attempts, do not loan withdrawing by examining a

sample of blood in sufficient quantity.

2-The medical examination for determination of the state of influence by alcohol only

may be carried out in establishment of the designated public health network under the terms

of Article 4 (3) and comply with the procedures laid down in joint portaria of the

members of the Government responsible for the areas of the Internal Administration, Justice and the

Health.

3-The doctor carrying out the examination must follow the procedures set in the porery

referred to in the preceding paragraph, and may, if it judged necessary, use other means

diagnostic aids that better allow to assess the status of the influencer of the

examining.

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CHAPTER II

ASSESSMENT OF THE STATE OF INFLUENCE BY SUBSTANCES

PSYCHOTROPIC

Article 8.

Psychotropic substances to be evaluated

1 - For the purposes of the provisions of Article 81 of the Road Code shall be

especially evaluated the following psychotropic substances:

a) Cannabinoids;

b) Cocaine and its metabolites;

c) Opioids;

d) Amphetamines and derivatives.

2-For the same effects, the presence in the blood of any one can still be researched

another psychotropic substance, which may have negatively influenced the capacity

for the exercise of driving.

Article 9.

Indications

For the purpose of application of Article 157 (1) of the Road Code, it may be

approved an advisor guide to influencing by psychotropic substances, by

dispatch from the Director-General of Health.

Article 10.

Examination for detection of psychotropic substances

The examination for detection of psychotropic substances includes a prior screening examination

and, in case your result is positive, a confirmation examination, both to be carried out in the

terms defined in joint portery of the members of the Government responsible for the

areas of the Internal Administration, Justice and Health.

Article 11.

Screening examination

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1-The screening examination is carried out through quick tests to be carried out in samples

biological urine, saliva, sweat or blood and serves only to indict the presence of

psychotropic substances.

2-Are competent for the achievement of the examination referred to in the preceding paragraph

establishments in the public health network that build on the list to be released by the

Regional Health Administrations or, in the case of Autonomous Regions, by the

respective Regional Government, the National Institute of Legal Medicine and the entities

scrubbers.

3-When the establishment of the public health network in which the examiner gives

entry does not dispose of conditions for proceeding to the screening examination, shall proceed to the

harvesting of a blood sample by examining and re-sensing it to the Delegation of the Institute

National of competent Legal Medicine, to proceed to the realization of that examination.

Article 12.

Confirmation examination

1-The confirmation examination is carried out in a blood sample.

2-When the screening examination, carried out in establishment of the public health network,

present positive result, the establishment shall arrange for the harvesting and shipment

for the Delegation of the National Institute of Legal Medicine of your area of a sample

of blood from the examined, intended for the confirmation examination.

3-When the screening exam, carried out by supervising entity, presents

positive result, the examined must be conducted the establishment of the public network

of health, in order to be subjected to the harvesting of a blood sample to be referred to, in the

terms and for the purposes set out in the preceding paragraph, to the Delegation of the Institute of

Competent Legal Medicine.

4-A Delegation of the National Institute of Legal Medicine that proceed to the examination of

confirmation shall, within the maximum period of 30 days from the date of receipt of the sample,

send your result to the supervising entity that required it, in model report

approved.

5-Without prejudice to the provisions of the following article, it can only be declared influenced by

psychotropic substances the examined that presents a positive result in the examination of

confirmation.

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6-When the result of the confirmation examination is positive, the supervising entity

carries out the corresponding news auto survey, the one that joins the report

of that exam.

Article 13.

Medical examination

1-When, after repeated attempts at harvesting, do not loan withdrawing by examining

a sample of blood in sufficient quantity for the realization of the test, must this

be subjected to medical examination for assessment of the state of influence by substances

psychotropic.

2-The examination referred to in the preceding paragraph shall comply with the procedure fixed in portaria

joint of the members of the Government responsible for the areas of the Internal Administration,

of Justice and Health and can only be carried out in establishment of the public network of

health that build on the list to be released by the Regional Health Administrations or, in the

Case of the Autonomous Regions, by the respective Regional Government.

3-A presence of symptoms of influence by any of the substances provided for in paragraph 1

of article 8º, or any other psychotropic substance that may influence

negatively the capacity for the driving, attested by the doctor who carries out the examination,

is equated for all legal effects to the achievement of positive result in the examination of

blood.

CHAPTER III

FINAL PROVISIONS

Article 14.

Approval of equipment

1-In the quantitative tests of alcohol in the expired air, they can only be used

analyzers that comply with the characteristics fixed in joint portionery of the members

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of the Government responsible for the areas of the Internal Administration, Justice and Health and

the use of which is approved by dispatch of the Director General of Viation.

2-A approval as referred to in the preceding paragraph is preceded by trademark approval and

model, to be carried out by the Portuguese Institute of Quality, pursuant to the Regulation

of the Metrollogical Control of Alcoolers.

3-Qualitative analyzers as well as the equipment to be used in the rapid tests

of urine, saliva or suor to be carried out by the supervising entities, are approved by

dispatch of the Director General of Viation.

Article 15.

Security

The confidentiality of data in all harvesting operations, transport, is guaranteed

handling and guard of biological samples and information from them obtained, staying

required by the duty of secrecy to all those with whom they have contact.

Article 16. º

Conservation of biological samples

The National Institute of Legal Medicine should guard and ensure the conservation of the

biological samples already analysed for the period of three years, finite which may proceed

to their destruction, unless otherwise judicial order.

Article 17.

Statistics

The National Institute of Legal Medicine and the supervising entities should refer to the

Directorate General of Travel the number of alcohol and substance research examinations

psychotropic performed, and to give knowledge of their results.