PPRuNe Forums - View Single Post - Reckless flying charge for pilot who ditched ultra-light plane in Bass Strait
Old 9th Dec 2015, 07:22
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kaz3g
 
Join Date: Apr 2011
Location: Victoria
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sadly its true, you can get done for drinking 8 hrs after a flight, if there is an incident..

https://www.comlaw.gov.au/Details/F2...#_Toc429650292

Quote:
(3) Suitable test conditions means conditions that exist after an accident or serious incident if:
(a) testing can be conducted within:
(i) for drug testing—32 hours after the accident or incident occurred; and
(ii) for alcohol testing—8 hours after the accident or incident occurred; and
(b) it is practicable to conduct a test.
No, on my reading of what has been presented here, you can be tested for the presence of alcohol up to 8 hours after an accident and the result of that test could be used as evidence that you flew with a BAC above the limit (the average male's BAC drops by one standard drink per hour).

However, if you are caught in a roadside PBT in Victoria and then required to attend a testing station which gives a reading over the limit you will be charged with both driving while exceeding PCA and with having a PCA above the limit within 3 hours of driving. The first will be withdrawn and they will proceed on the second.

If you have an accident and go home without being tested, they can come to your home and test and charge you with charge 2 up to 3 hours after the accident.

Kaz
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