Road Traffic Act 1988

11 Interpretation of sections 4 to 10. E+W+S

(1) The following provisions apply for the interpretation of sections [F1 3A] to 10 of this Act.

(2) In those sections—

• “breath test” means a preliminary test for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit,

• “drug” includes any intoxicant other than alcohol,

• “fail” includes refuse,

• “hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients,

• “the prescribed limit” means, as the case may require—

  (a)

  35 microgrammes of alcohol in 100 millilitres of breath,

  (b)

  80 milligrammes of alcohol in 100 millilitres of blood, or

  (c)

  107 milligrammes of alcohol in 100 millilitres of urine,

  or such other proportion as may be prescribed by regulations made by the Secretary of State.

• [F2 “registered health care professional” means a person (other than a medical practitioner) who is—

  (a)

  a registered nurse; or

  (b)

  a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.]

[F3 (2A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.

(2B) An order under subsection (2) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(3) A person does not provide a specimen of breath for a breath test or for analysis unless the specimen—

(a) is sufficient to enable the test or the analysis to be carried out, and

(b) is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.

[F4 (4) A person provides a specimen of blood if and only if—

(a) he consents to the taking of such a specimen from him; and

(b) the specimen is taken from him by a medical practitioner or, if it is taken in a police station, either by a medical practitioner or by a registered health care professional.]

Textual Amendments

F1 Words "3A" in s. 11(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 44; S.I. 1992/1286, art. 2, Sch.

F2 In s. 11(2) definition of "registered health care professional" inserted (1.10.2002 for certain purposes and 1.4.2003 otherwise) by Police Reform Act 2002 (c. 30), ss. 55(3), 108(2); S.I. 2002/2306, art. 4(d); S.I. 2003/808, art. 2(e)

F3 S. 11(2A)(2B) inserted (1.10.2002 for certain purposes and 1.4.2003 otherwise) by Police Reform Act 2002 (c. 30), ss. 55(4), 108(2); S.I. 2002/2306, art. 4(d); S.I. 2003/808, art. 2(e)

F4 S. 11(4) substituted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 55(5), 108(2); S.I. 2003/808, art. 2(e)

Modifications etc. (not altering text)

C1 S. 11 applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3