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Part 5Aviation: Alcohol and Drugs

Enforcement

95Penalty

A person guilty of an offence under this Part shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b)on summary conviction, to a fine not exceeding the statutory maximum.

96Specimens, &c.

(1)The provisions specified in the first column of the table below, with the modifications specified in the third column and any other necessary modifications, shall have effect in relation to an offence under this Part.

ProvisionDescriptionModification
Road Traffic Act 1988 (c. 52)
Section 6Power to administer preliminary tests

In place of subsections (2) to (5) the power to require a person to co-operate with a preliminary test shall apply where—

(a)

a constable in uniform reasonably suspects that the person is committing an offence under section 92 or 93,

(b)

a constable in uniform reasonably suspects that the person has committed an offence under section 92 or 93 and still has alcohol or a drug in his body or is still under the influence of a drug,

(c)

an aircraft is involved in an accident and a constable reasonably suspects that the person was undertaking an aviation function, or an activity ancillary to an aviation function, in relation to the aircraft at the time of the accident, or

(d)

an aircraft is involved in an accident and a constable reasonably suspects that the person has undertaken an aviation function, or an activity ancillary to an aviation function, in relation to the aircraft.

Sections 6A to 6EPreliminary breath test, impairment test, and drug test

In place of sections 6A(2) and (3), 6B(4) and 6C(2), a preliminary breath test, preliminary impairment test or preliminary drug test may be administered by a constable—

(a)

at or near the place where the requirement to co-operate with the test is imposed, or

(b)

at a police station specified by the constable.

In section 6B(3) a reference to unfitness to drive shall be treated as a reference to having an impaired ability, because of drink or drugs, to perform an aviation function or to carry out an activity which is ancillary to an aviation function.

Section 7Provision of specimen

In subsection (1) the reference to an offence under section 3A, 4 or 5 of the 1988 Act shall be treated as a reference to an offence under section 92 or 93 of this Act.

In subsection (3)(c) the reference to an offence under section 3A or 4 of the 1988 Act shall be treated as a reference to an offence under section 92 of this Act.

Section 7ASpecimen of blood taken from person incapable of consenting
Section 8Choice of specimen of breathIn subsection (2) the reference to 50 microgrammes of alcohol shall, except in relation to the aviation function specified in section 94(1)(h), be treated as a reference to 15 microgrammes of alcohol.
Section 9Protection for hospital patient
Section 10Detention of person affected by alcohol or drug

In subsection (1)—

(a)

the reference to driving or attempting to drive a mechanically propelled vehicle on a road shall be treated as a reference to performing an aviation function of the kind in respect of which the requirement to provide a specimen was imposed, and

(b)

the reference to an offence under section 4 or 5 of the 1988 Act shall be treated as a reference to an offence under section 92 or 93 of this Act.

In subsection (2) the reference to driving a mechanically propelled vehicle shall be treated as a reference to performing an aviation function.

In subsection (3) the reference to driving properly shall be treated as a reference to performing an aviation function.

Section 11InterpretationFor the definition of “the prescribed limit” there shall be substituted the definition given in this Part.
Road Traffic Offenders Act 1988 (c. 53)
Section 15Use of specimens

In subsection (1), the reference to an offence under section 3A, 4 or 5 of the Road Traffic Act 1988 shall be treated as a reference to an offence under section 92 or 93 of this Act.

The relevant time for the consumption of alcohol for the purpose of subsection (3)(a) shall be before providing the specimen and after the time of the alleged offence.

In subsection (3)(b) the reference to driving shall be treated as a reference to undertaking an aviation function or an activity ancillary to an aviation function.

Section 16Documentary evidence

(2)The Secretary of State may by regulations amend the table in subsection (1) so as—

(a)to add a provision relating to an offence which concerns alcohol or drugs in relation to road traffic;

(b)to add, remove or amend a modification (whether or not in connection with an amendment of a provision specified in the table).

(3)For the purpose of the application by subsection (1) of a provision listed in the table in that subsection—

(a)the provision shall extend to the whole of the United Kingdom, and

(b)a reference to the provision shall be treated, unless the context otherwise requires, as including a reference to the provision as applied.

97Arrest without warrant

(1)A constable may arrest a person without a warrant if the constable reasonably suspects that the person—

(a)is committing an offence under section 92, or

(b)has committed an offence under that section and is still under the influence of drink or drugs.

(2)But a person may not be arrested under this section while he is at a hospital as a patient.

(3)In subsection (2) “hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients.

(4)Arrest under this section shall be treated as arrest for an offence for the purposes of—

(a)Part IV of the Police and Criminal Evidence Act 1984 (c. 60) (detention), and

(b)Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (detention).

98Right of entry

(1)A constable in uniform may board an aircraft if he reasonably suspects that he may wish to exercise a power by virtue of section 96 or under section 97 in respect of a person who is or may be on the aircraft.

(2)A constable in uniform may enter any place if he reasonably suspects that he may wish to exercise a power by virtue of section 96 or under section 97 in respect of a person who is or may be in that place.

(3)For the purposes of boarding an aircraft or entering a place under this section a constable—

(a)may use reasonable force;

(b)may be accompanied by one or more persons.