SCHEDULES
SCHEDULE 11Enforcement of transport legislation
PART 1Drink and drug driving offences
No need for preliminary breath test before evidential breath test: road transport
3I1
1
The Road Traffic Act 1988 is amended as follows.
2
In section 7 (provision of specimens for analysis), for subsection (2) substitute—
2
A constable may make a requirement under this section to provide specimens of breath only if—
a
the requirement is made at a police station or a hospital,
b
the requirement is imposed in circumstances where section 6(5) of this Act applies, or
c
the constable is in uniform.
3
Omit subsections (2A) and (2B).
4
After subsection (2C) insert—
2CA
For the purposes of subsection (2C) “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit.
5
After subsection (5) insert—
5A
A constable may arrest a person without warrant if—
a
the person fails to provide a specimen of breath when required to do so in pursuance of this section, and
b
the constable reasonably suspects that the person has alcohol in his body.