Some notes about the test and some strategies for dealing with it. Pesky Cops.

Eye assessment

• (1) Step 1: Preliminary action

  • (a) If the person being tested is wearing any form of eyeglasses,—
    • (i) the testing officer must direct the person to remove his or her eyeglasses; and
    • (ii) the person must then immediately remove his or her eyeglasses.

  • (b) The testing officer must ask the person being tested whether the person is wearing contact lenses and the person being tested must reply to that question.

  (2) Step 2: Eye assessment

  • (a) The testing officer must—
    • (i) direct the person being tested to keep his or her head still; and
    • (ii) when the person being tested has his or her head still,—
      • (A) measure the person’s pupils by comparing them with a gauge held beside the person’s eyes; and
      • (B) investigate the reaction of the person’s eyes to light using torchlight.

  • (b) The testing officer must direct the person being tested to—
    • (i) keep his or her head still; and
    • (ii) track the movement of an object with his or her eyes until directed to stop.

  • (c) The testing officer must ask the person being tested whether he or she has understood the directions given in paragraphs (a) and (b), and if necessary repeat any direction.

  • (d) The testing officer must observe the person’s eyes to determine whether any of the following conditions are present:
    • (i) horizontal gaze nystagmus:
    • (ii) vertical gaze nystagmus:
    • (iii) lack of convergence.

  (3) Step 3: Matters to be recorded

  • (a) The testing officer must record whether the person being tested—
    • (i) is wearing contact lenses:
    • (ii) is able to track a moving object with his or her eyes as directed in subclause (2)(b):
    • (iii) is observed to have any of the conditions referred to in subclause (2)(d):
    • (iv) is able to follow directions.

  • (b) The testing officer must also record—
    • (i) the measurement referred to in subclause (2)(a)(ii)(A); and
    • (ii) the result of the investigation referred to in subclause (2)(a)(ii)(B).

  • (c) If the eye assessment is not completed, or not completed satisfactorily, the testing officer must record that fact.

Walk and turn assessment

• (1) Step 1: Preliminary action

  • (a) The testing officer must direct the person being tested—
    • (i) to stand and place his or her left foot on the ground, and place the right foot in front of the left foot, with the heel of the right foot against the toe of the left foot; and
    • (ii) to place his or her arms by his or her sides and to stay in that position until further directed.

  • (b) The testing officer must then—
    • (i) explain and demonstrate to the person being tested the requirements of the walk and turn assessment in Step 2; and
    • (ii) ask the person being tested whether he or she has understood the explanation and demonstration and, if necessary, repeat either the explanation or the demonstration, or both; and
    • (iii) explain that once the assessment has commenced it must be continued until the completion of Step 2.

  (2) Step 2: Walk and turn assessment

  • (a) The person must, when directed by the testing officer, take 9 heel to toe steps along the line.

  • (b) When those steps are completed, and at the direction of the testing officer, the person must turn by keeping the toes of his or her front foot on the line and taking a series of small steps with the other foot.

  • (c) When the person has turned 180 degrees, he or she must take 9 steps back along the line.

  • (d) The person must, at the direction of the testing officer, count aloud each heel to toe step with the first step starting at 1 and the return heel to toe steps starting at 1.

  • (e) The person must, throughout the assessment,—
    • (i) keep his or her arms by his or her sides; and
    • (ii) watch his or her feet at all times.

  (3) Step 3: Matters to be recorded

  • (a) The testing officer must record whether the person being tested—
    • (i) maintains balance:
    • (ii) starts to walk before being directed to do so:
    • (iii) stops while walking:
    • (iv) steps off the line:
    • (v) does not walk heel to toe:
    • (vi) takes an incorrect number of steps:
    • (vii) does not turn as directed:
    • (viii) uses 1 or both of his or her arms to maintain balance:
    • (ix) is able to follow directions.

  • (b) If the walk and turn assessment is not completed, or not completed satisfactorily, the testing officer must record that fact.

One leg stand assessment

• (1) Step 1: Preliminary action

  • (a) The testing officer must direct the person being tested to—
    • (i) stand with his or her feet together with arms by his or her sides; and
    • (ii) remain in that position until further directed.

  • (b) The testing officer must then—
    • (i) explain and demonstrate to the person being tested the requirements of the one leg stand assessment in Step 2 and, if necessary, repeat either the explanation or the demonstration, or both; and
    • (ii) ask the person being tested whether he or she has understood the explanation and demonstration and, if necessary, repeat either the explanation or the demonstration, or both; and
    • (iii) explain that once the assessment has commenced it must be continued until the completion of Step 2.

  (2) Step 2: The one leg stand assessment

  • (a) The person must, when directed by the testing officer, stand on his or her left leg and raise his or her right leg approximately 15 to 20 centimetres off the ground with the raised toes extended.

  • (b) The person must then count aloud while watching his or her raised foot for 30 seconds, or until the testing officer directs him or her to stop.

  • (c) The person must then repeat the assessment while standing on the right leg.

  (3) Step 3: Matters to be recorded

  • (a) The testing officer must record for each assessment undertaken at Step 2 whether the person being tested—
    • (i) sways while balancing:
    • (ii) puts his or her raised foot on the ground during the 30-second assessment period:
    • (iii) uses 1 or both of his or her arms to maintain balance:
    • (iv) hops:
    • (v) is able to follow directions.

  • (b) If the one leg stand assessment is not completed, or not completed satisfactorily, the testing officer must record that fact.

Excerpt from: http://www.legislation.govt.nz/regulation/public/2009/0335/latest/DLM2494019.html

Excerpt from: http://www.transport.govt.nz/legislation/acts/Pages/LandTransportAmendmentAct2009.aspx

Land Transport Amendment Act 2009

A new law to combat drug impaired driving

The Land Transport Amendment Act 2009 (the Act) gives Police greater powers to deal with the problem of people driving under the influence of drugs. Provisions for combating drugged driving came into force on 1 November 2009.

People who drive when their judgement and reactions are impaired by drugs are a danger to themselves and other road users.  The Act aims to reduce this hazard by:

• creating a new offence of driving while impaired with evidence in the bloodstream of a qualifying drug (ie a controlled drug that is classified under the Misuse of Drugs Act 1975 or driving while impaired, and with evidence in the bloodstream of a prescription medicine)
• empowering Police to determine whether or not a driver is impaired by means of a ‘compulsory impairment test‘ which tests co-ordination, physiological reactions and markers for drug impairment such as pupil dilation
• empowering Police, if the test shows that the driver is impaired, to forbid the person to drive (generally for 12 hours) and require the driver to provide a blood sample to determine whether qualifying drugs are present
• imposing penalties for the impaired-driving offence which are aligned to the penalties for drink driving
• providing defences for persons who have consumed qualifying drugs in accordance with a current prescription and instructions from the manufacturer or a health practitioner
• creating a further new offence of driving with Class A controlled drugs in the bloodstream in cases where a driver is injured, is in hospital or a doctor’s surgery, and is unable to undertake the impairment test.

Read the questions and answers on the new law to combat drug impaired driving.

The Act also reforms the law regulating the registration and licensing of motor vehicles.  These changes are planned to come into force mid to late 2010. Further information on this will be available on this website closer to that time.