Valid from 02/03/2015
1U.K.The Road Traffic Act 1988 is amended as follows.
2(1)Section 3A (causing death by careless driving when under influence of drink or drugs) is amended as follows.U.K.
(2)In subsection (1), after paragraph (b) insert—
“(ba)he has in his body a specified controlled drug and the proportion of it in his blood or urine at that time exceeds the specified limit for that drug, or”.
(3)In subsection (3), after “(1)(b)” insert “ , (ba) ”.
3(1)Section 6C (preliminary drug test) is amended as follows.U.K.
(2)In subsection (1)(b), for “in his body.” substitute “in his body and if so—
(i)whether it is a specified controlled drug;
(ii)if it is, whether the proportion of it in the person's blood or urine is likely to exceed the specified limit for that drug.”
(3)After subsection (2) insert—
“(3)Up to three preliminary drug tests may be administered.”
4U.K.In section 6D (arrest), in subsection (1), for the words after “preliminary breath test” substitute “or preliminary drug test the constable reasonably suspects that—
(a)the proportion of alcohol in the person's breath or blood exceeds the prescribed limit, or
(b)the person has a specified controlled drug in his body and the proportion of it in the person's blood or urine exceeds the specified limit for that drug.”
5(1)Section 7 (provision of specimens for analysis) is amended as follows.U.K.
(2)After subsection (1) insert—
“(1A)In the course of an investigation into whether a person has committed an offence under section 5A of this Act a constable may, subject to subsections (3) to (7) of this section and section 9 of this Act, require the person to provide a specimen of blood or urine for a laboratory test.”
(3)In subsection (3)(c), for “or 4” substitute “ , 4 or 5A ”.
6(1)Section 10 (detention of persons affected by alcohol or a drug) is amended as follows.U.K.
(2)In subsection (1), for “or 5” substitute “ , 5 or 5A ”.
(3)In subsection (2), for the words from “whilst his ability” to the end substitute “whilst—
(a)the person's ability to drive properly is impaired,
(b)the proportion of alcohol in the person's breath, blood or urine exceeds the prescribed limit, or
(c)the proportion of a specified controlled drug in the person's blood or urine exceeds the specified limit for that drug.”
7U.K.In section 192 (general interpretation of Act), in the definition of “prescribed” in subsection (1), before “means” insert “ (except in section 5A) ”.
8U.K.The amendments in paragraphs 3 to 6 do not affect the application of sections 83 and 96 of the Railways and Transport Safety Act 2003.