Part II Safety of railways etc
I2 CHAPTER I Offences involving drink or drugs
Principal offences
I128 Offences by operators of transport systems.
1
If a person commits an offence under section 27 above, the responsible operator shall also be guilty of an offence.
2
In this section “the responsible operator” means—
a
in a case where the transport system on which the offence under section 27 above is committed has only one operator, that operator;
b
in a case where the transport system on which the offence under section 27 above is committed has more than one operator, whichever of them is responsible for the work giving rise to the offence.
3
No offence is committed under subsection (1) above if the responsible operator has exercised all due diligence to prevent the commission on the transport system of any offence under section 27 above.
4
If a person commits an offence under section 27 above in the course of his employment with a person other than the responsible operator, his employer shall (without prejudice to any liability of that operator under subsection (1) above) also be guilty of an offence.
5
No offence is committed under subsection (4) above if the employer has exercised all due diligence to prevent the commission on the transport system by any of his employees of any offence under section 27 above.
Pt. II Ch. 1 (ss. 26-40) wholly in force at 7.12.1992 see s. 70 and S.I. 1992/2043, art. 2(a)