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Railways and Transport Safety Act 2003

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96Specimens, &c.E+W+S+N.I.

This section has no associated Explanatory Notes

(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.

[F1(1A)The references in the table to provisions of the Road Traffic Act 1988 or the Road Traffic Offenders Act 1988 are, subject to any contrary intention expressed in this Part or in any other enactment, references to those provisions as amended from time to time.]

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.

[F2In section 6C, the following shall be disregarded—

(a)

in subsection (1)(b), the words following “in his body”;

(b)

subsection (3).

In section 6D, subsection (1)(b) shall be disregarded.]

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.

[F3Subsection (1A) shall be disregarded.

In subsection (2)(b), the reference to the circumstances in which section 6(5) of the 1988 Act applies shall be treated as a reference to the circumstances in which the following provisions of this table apply: paragraphs (c) and (d) of the modifications specified for section 6 of the 1988 Act.]

In subsection (3)(c) the reference to an offence under section 3A[F4, 4 or 5A] 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 8 [F5Breath specimen showing higher alcohol level to be disregarded]F6. . .
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[F7, 5 or 5A] 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.

[F8In subsection (2), paragraph (c) shall be disregarded.]

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 [F9any of sections 3A to 5A] of the Road Traffic Act 1988 shall be treated as a reference to an offence under section 92 or 93 of this Act.

[F10Subsection (2)(b) shall be disregarded.]

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.

[F11Subsection (3A) shall be disregarded.]

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.

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Amendments (Textual)

F6Words in s. 96 omitted (10.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 16(6)(b); S.I. 2015/994, art. 4

Commencement Information

I1S. 96 in force at 29.3.2004 for specified purposes by S.I. 2004/827, art. 2(a)

I2S. 96 in force at 30.3.2004 in so far as not already in force by S.I. 2004/827, art. 3(s)

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