Search Legislation

Railways and Transport Safety Act 2003

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 96

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Railways and Transport Safety Act 2003, Section 96. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

96Specimens, &c.U.K.

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.

Textual Amendments

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)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources