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DRAFT law No. 78/X explanatory memorandum the recent amendment to the highway code, adopted by Decree-Law No. 44/2005, of 23 February, came to introduce changes in the procedure for monitoring of driving under influence of alcohol and psychotropic substances, in particular with regard to the latter, whose supervision was more complex and costly. On the other hand, the experience of the six years of implementation of this legislation it is recommended to introduce some adjustments that make your running easier and effective, with less damage to the supervised and lower cost to the State. Thus, as regards the supervision of driving under the influence of psychotropic substances, the prior screening, until now done through medical examination, will be replaced by a quick test to be carried out on a sample of urine, saliva or sweat and only if result is positive if submit the individual to a confirmation test, blood sample. The same screening test, but in blood, are those involved in traffic accidents that, for health reasons, are not able to be collected other biological fluids. The examined showing positive result in any of those screening tests must then be submitted to confirmation examination in blood sample. Finally, given that the medical exam is difficult to carry out, slow and can't the precision of results achieved by laboratory tests, if residual character to that examination, which will only be conducted in cases where it is not possible to draw blood to examining. Was heard the National Commission for Data Protection, having been received relevant contributions here, without prejudice to subsequent consultation in regulatory procedures. Must be heard the Government organs of the autonomous regions.
2 like this: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following proposal of law: article 1 Regulation is approved the supervisory Regulation of driving under influence of alcohol or psychotropic substances annexed to this Act and which is an integral part.
Article 2 set Standard is revoked the Regulatory Decree No. 24/98, of 30 October.
Article 3 entry into force this law shall enter into force 90 days after your publication.
Seen and approved by the Council of Ministers of 18 May 2006.
The Prime Minister, the Minister of Parliamentary Affairs Minister Presidency 3 ANNEX RULES of SUPERVISION of the DRIVING UNDER the INFLUENCE of ALCOHOL or PSYCHOTROPIC SUBSTANCES chapter I EVALUATION of ALCOHOL-INFLUENCED STATE article 1 detection and quantification of 1 alcohol-the presence of alcohol in the blood can be indicted through test in exhaled air , made in qualitative Analyzer. 2 – quantifying the rate of alcohol in the blood is made by test in exhaled air, carried out in quantitative Analyzer, or by blood tests. 3 – the blood test is carried out when it is not possible to perform the test in quantitative Analyzer.
Article 2 supervisory Method 1 – When the test carried out in the presence of charge quality Analyzer alcohol in the blood, the examinee is subjected to new test, to be held in quantitative Analyzer and, whenever possible, the interval between the two tests does not exceed 30 minutes. 2-for the purposes of the preceding paragraph, the inspection agent accompanies the examinee to the location where the test can be carried out, ensuring your transportation, when needed. 3 – where to transport referred to in the preceding paragraph is not possible to use the vehicle of the inspection, it must request the collaboration of entity licensed carrier. 4-payment of transport referred to in the preceding paragraph is the responsibility of the inspection, subject to the provisions of paragraph 3 of article 158 of the highway code. 4 Article 3 Rebuttal the methods and equipment referred to in this law and supplementary provisions, for the implementation of the State assessment tests influenced by alcohol, are applicable to the rebuttal provided for in paragraph 3 of article 153 of the highway code.
Article 4 is impossible to perform the test in the exhaled air 1 – When, after three successive attempts, the examinee cannot expel air in sufficient quantity to perform the test in quantitative Analyzer, or when the physical conditions in which it is not such as to enable the realization of that test, blood test should be performed. 2-in the cases referred to in the preceding paragraph, where necessary, show the inspection agent ensures the transport of the individual to the establishment of the public health network, to be taken a blood sample. 3-harvest referred to in the preceding paragraph may only be carried out in public health establishments in the list disclose Regional health authorities or, in the case of autonomous regions, by the Regional Government.
Article 5 1 blood collection – the harvest of blood must be carried out as soon as possible after the inspection Act or the occurrence of the accident. 2 – the harvest and preparation of blood sample should be used and procedures defined by Ordinance of Cabinet members responsible for areas of the Interior, justice and health. 3-the blood sample is then sent, by establishing that the collection, the delegation of the National Institute of Legal Medicine of your area.
5 article 6 blood ToX to quantify the rate of alcohol 1-the test to quantify the rate of alcohol in the blood is carried out using analytical procedures, including gas chromatography. 2 – the examination referred to in the preceding paragraph may only be carried out by the National Institute of Legal Medicine. 3-the delegation of the National Institute of Legal Medicine examination must, within 30 days from the date of receipt of the sample, send to the inspection that required the result obtained in approved model report. 4 – whenever the result of the test is positive, the inspection shall auto-lifting news correspondent, joining the report. 5-the result of the blood test for quantification of alcohol rate prevails over the test result in the exhaled air held in quantitative Analyzer.
Article 7 medical examination to determine the State of influenced by alcohol 1-for the purposes of paragraph 8 of article 153 and paragraph 3 of article 156 of the code of the road, it is not possible to carry out the examination of alcohol in his blood when, after repeated attempts, you don't achieve to remove examining a blood sample in sufficient quantity. 2-the medical examination to determine the State of influenced by alcohol may only be carried out in public health establishment designated in accordance with paragraph 3 of article 4 and in compliance with the procedures laid down in Ordinance of Cabinet members responsible for areas of the Interior, justice and health. 3 – the doctor to take the examination must follow the procedures laid down in the Ordinance referred to in the preceding paragraph, and may, if deems necessary, resorting to other diagnostic tests to better assess the influence of State testing.
6 CHAPTER II the STATE of EVALUATION INFLUENCED by PSYCHOTROPIC SUBSTANCES article 8 psychotropic substances to evaluate 1-for the purposes of article 81 of the highway code must be specially assessed the following psychotropic substances: a) Cannabinoids; b) Cocaine and its metabolites; c) Opiates; d) Amphetamines and derivatives. 2 – To the same effect, can still be searched the presence in the blood of any other psychotropic substance, which may have influenced negatively the ability to pursue the license.
Article 9 Indications for the purposes of paragraph 1 of article 157 of the code of the road, can be approved a guidance guide sedition for psychotropic substances, by order of the Director-General of health.
Article 10 Examination for detection of psychotropic substances the examination for detection of psychotropic substances includes a prior examination of screening and, if your result is positive, a confirmation test, both to be held in accordance with the procedure defined in Ordinance of Cabinet members responsible for areas of the Interior, justice and health.
Article 11 screening Examination
7 1 – screening examination is carried out by means of rapid tests in biological samples of urine, saliva, sweat or blood and serves only to indicate the presence of psychotropic substances. 2 – are competent to carry out the examination referred to in paragraph 1 the public health establishments in the list to disseminate Regional health authorities or, in the case of autonomous regions, by the Regional Government, the National Institute of Legal Medicine and controlling entities. 3 – When the establishment of the public health network in which the examinee comes in does not have policies for screening examination, shall carry out the collection of a blood sample to the testing and refer it to the delegation from the National Institute of Legal Medicine, so that the conduct of that examination.
Article 12 confirmation Exam 1-confirmation test is performed on a blood sample. 2-When the screening test, carried out in public health establishment, introduce positive result, the establishment must arrange collection and shipment to the delegation from the National Institute of Legal Medicine of your area of a blood sample from the examined, for the confirmation test. 3-When the screening test, carried out by the inspection, report a positive result, the examined must be led to establishment of the public health network, in order to be submitted to the collection of a blood sample from the mail, under the terms and for the purposes set out in the preceding paragraph, the delegation from the Institute of forensic medicine. 4-the delegation of the National Institute of Legal Medicine that confirmatory examination shall, within 30 days from the date of receipt of the sample, send your result to the inspection that required, in a report of approved pattern. 5-Without prejudice to the provisions of the following article, can only be declared influenced by psychotropic substances the examined to produce a positive result in the confirmation test. 8 6-When the result of the confirmation test is positive, the inspection shall auto-lifting news correspondent, joining the report of that examination.
Article 13 1 medical examination – When, after repeated attempts to harvest, you don't achieve to remove examining a blood sample in sufficient quantity to perform the test, should this be required to undergo medical examination to evaluate the State of affected by psychotropic substances. 2 – the examination referred to in the preceding paragraph is in compliance with the procedure laid down in Ordinance of Cabinet members responsible for areas of the Interior, justice and health, and can only be accomplished in establishing public health network in the list disclose Regional health authorities or, in the case of autonomous regions, by the Regional Government. 3-the presence of symptoms of influence by any of the substances referred to in paragraph 1 of article 8, or any other psychotropic substance which can influence negatively the ability to driving, attested by the doctor who performs the test, is considered for all legal purposes to obtain positive results in his blood.
CHAPTER III FINAL PROVISIONS article 14 Approval of equipment 1 – quantitative tests of alcohol in exhaled air, can only be used parsers which comply with the characteristics laid down in Ordinance of 9 members of the Government responsible for the areas of the Interior, justice and health and whose use is approved by order of the director-general of Transportation. 2 – the approval referred to in the preceding paragraph is preceded by approval of make and model, to be carried out by the Portuguese Institute of quality, in accordance with the regulation of metrological control of Monitors. 3 – The quality analyzers, as well as the equipment to be used in rapid tests of urine, saliva or sweat to be carried out by controlling entities, are approved by order of the director-general of Transportation.
Article 15 Safety is guaranteed the confidentiality of data on all operations of collection, transport, handling and custody of biological samples and their information obtained, getting required by the duty of confidentiality all contact with them.
Article 16 conservation of biological samples the National Institute of forensic medicine should keep and ensure the preservation of biological samples already analysed by the three-year period, after which you can proceed to your destruction, unless court order to the contrary.
Article 17 the Statistic National Institute of Legal Medicine and controlling entities should refer to the Directorate-General of Traffic the number of scans to search for alcohol and psychotropic substances, and making public their results.
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