Obligations of pilot
4.—(1)  A pilot who is given a notice under regulation 3(2) by an approved tester must —
(a)comply with the instructions of the approved tester in relation to the conduct of the breath test, including providing such specimens of the pilot’s breath as the approved tester may require in accordance with these Regulations; and
(b)remain in the presence of the approved tester for such period as is reasonable in the circumstances to enable the breath test to be completed.
(2)  A pilot who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction —
(a)for a first offence, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; and
(b)for a second or subsequent offence arising from another breath test, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(3)  However, it is not an offence under paragraph (2) for a pilot to refuse to comply with any request, demand or order made or given by an approved tester who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that pilot.