Procedure for breath test
5.—(1)  A breath test under these Regulations consists of —
(a)a preliminary breath test, using a breath analysing device in Part 1 of the Schedule, to assess whether ethanol is present in a pilot’s breath; and
(b)if paragraph (3) applies, a final breath test, using a breath analysing device in Part 2 of the Schedule, to assess —
(i)whether ethanol is present in the pilot’s breath; and
(ii)if ethanol is present, the concentration of ethanol in the pilot’s breath.
(2)  When the approved tester intends to administer a breath test to a pilot, the approved tester may require the pilot to provide a specimen of the pilot’s breath for a preliminary breath test.
(3)  Where the result of the preliminary breath test relating to the pilot is that ethanol is present in the pilot’s breath, the pilot must, as soon as is practicable but not earlier than 15 minutes after the preliminary breath test, provide a further specimen of his or her breath to the approved tester for a final breath test.
(4)  The final breath test must be conducted by the approved tester in the presence of a witness, who must be present at all times until the final breath test is completed.
(5)  If the final breath test relating to the pilot produces a finding that —
(a)ethanol is present in the pilot’s breath; and
(b)the concentration of ethanol in the pilot’s breath exceeds the permitted level,
the approved tester must immediately give to the pilot a notice of unfitness.
(6)  A notice of unfitness given by an approved tester to a pilot must contain the following information:
(a)the pilot’s name, date of birth, gender, residential address and telephone number;
(b)the date and time on, and the place at, which the pilot underwent a breath test under these Regulations;
(c)a statement that the pilot is unfit to perform any function or duty in the capacity of a pilot of any relevant aircraft for any applicable flight;
(d)the name and particulars of —
(i)the approved tester who conducted the pilot’s breath test; and
(ii)the witness in paragraph (4);
(e)a certification by the approved tester in sub‑paragraph (d)(i) that the pilot’s breath test was carried out in accordance with these Regulations;
(f)the serial number of the breath analysing device used for the final breath test relating to the pilot;
(g)the date on which the notice of unfitness is given to the pilot.
(7)  In paragraph (5)(b), “permitted level” means 0.02 grams of ethanol in 210 litres of breath.