http://www.legislation.gov.uk/ukpga/2003/20/schedule/7Railways and Transport Safety Act 2003An Act to make provision about railways, including tramways; to make provision about transport safety; and for connected purposes.texttext/xmlenStatute Law Database2024-05-08Expert Participation2024-03-21 SCHEDULE 7Section 1071For section 6 of the Road Traffic Act 1988 (c. 52) (testing for drink or drugs) substitute—61If any of subsections (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.2This subsection applies if a constable reasonably suspects that the person—ais driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, andbhas alcohol or a drug in his body or is under the influence of a drug.3This subsection applies if a constable reasonably suspects that the person—ahas been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, andbstill has alcohol or a drug in his body or is still under the influence of a drug.4This subsection applies if a constable reasonably suspects that the person—ais or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, andbhas committed a traffic offence while the vehicle was in motion.5This subsection applies if—aan accident occurs owing to the presence of a motor vehicle on a road or other public place, andba constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.6A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section.7A constable may administer a preliminary test by virtue of any of subsections (2) to (4) only if he is in uniform.8In this section—aa reference to a preliminary test is to any of the tests described in sections 6A to 6C, andb“traffic offence” means an offence under—ia provision of Part II of the Public Passenger Vehicles Act 1981 (c. 14),iia provision of the Road Traffic Regulation Act 1984 (c. 27),iiia provision of the Road Traffic Offenders Act 1988 (c. 53) other than a provision of Part III, oriva provision of this Act other than a provision of Part V.6A1A preliminary breath test is a procedure whereby the person to whom the test is administered provides a specimen of breath to be used 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 the person’s breath or blood is likely to exceed the prescribed limit.2A preliminary breath test administered in reliance on section 6(2) to (4) may be administered only at or near the place where the requirement to co-operate with the test is imposed.3A preliminary breath test administered in reliance on section 6(5) may be administered—aat or near the place where the requirement to co-operate with the test is imposed, orbif the constable who imposes the requirement thinks it expedient, at a police station specified by him.6B1A preliminary impairment test is a procedure whereby the constable administering the test—aobserves the person to whom the test is administered in his performance of tasks specified by the constable, andbmakes such other observations of the person’s physical state as the constable thinks expedient.2The Secretary of State shall issue (and may from time to time revise) a code of practice about—athe kind of task that may be specified for the purpose of a preliminary impairment test,bthe kind of observation of physical state that may be made in the course of a preliminary impairment test,cthe manner in which a preliminary impairment test should be administered, anddthe inferences that may be drawn from observations made in the course of a preliminary impairment test.3In issuing or revising the code of practice the Secretary of State shall aim to ensure that a preliminary impairment test is designed to indicate—awhether a person is unfit to drive, andbif he is, whether or not his unfitness is likely to be due to drink or drugs.4A preliminary impairment test may be administered—aat or near the place where the requirement to co-operate with the test is imposed, orbif the constable who imposes the requirement thinks it expedient, at a police station specified by him.5A constable administering a preliminary impairment test shall have regard to the code of practice under this section.6A constable may administer a preliminary impairment test only if he is approved for that purpose by the chief officer of the police force to which he belongs.7A code of practice under this section may include provision about—athe giving of approval under subsection (6), andbin particular, the kind of training that a constable should have undergone, or the kind of qualification that a constable should possess, before being approved under that subsection.6C1A preliminary drug test is a procedure by which a specimen of sweat or saliva is—aobtained, andbused for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the person to whom the test is administered has a drug in his body.2A preliminary drug test may be administered—aat or near the place where the requirement to co-operate with the test is imposed, orbif the constable who imposes the requirement thinks it expedient, at a police station specified by him.6D1A constable may arrest a person without warrant if as a result of a preliminary breath test the constable reasonably suspects that the proportion of alcohol in the person’s breath or blood exceeds the prescribed limit.2A constable may arrest a person without warrant if—athe person fails to co-operate with a preliminary test in pursuance of a requirement imposed under section 6, andbthe constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.3A person may not be arrested under this section while at a hospital as a patient.6E1A constable may enter any place (using reasonable force if necessary) for the purpose of—aimposing a requirement by virtue of section 6(5) following an accident in a case where the constable reasonably suspects that the accident involved injury of any person, orbarresting a person under section 6D following an accident in a case where the constable reasonably suspects that the accident involved injury of any person.2This section—adoes not extend to Scotland, andbis without prejudice to any rule of law or enactment about the right of a constable in Scotland to enter any place.2In section 7(3) of that Act (provision of specimen for analysis) after the word “or” after subsection (bb) insert—bcas a result of the administration of a preliminary drug test, the constable making the requirement has reasonable cause to believe that the person required to provide a specimen of blood or urine has a drug in his body, or.3In section 9(1) of that Act (protection for hospital patients)—afor “to provide a specimen of breath for a breath test” substitute “ to co-operate with a preliminary test ”, andbin paragraph (a), for “it shall be for the provision of a specimen at the hospital” substitute “ it shall be for co-operation with a test administered, or for the provision of a specimen, at the hospital ”.4In section 10(1) of that Act (detention of persons affected by alcohol or drugs) in subsection (1) after “a person required” insert “ under section 7 or 7A ”.5In section 11 of that Act (interpretation)—ain subsection (2), omit the definition of “breath test”, andbin subsection (3) for “A person does not provide a specimen of breath for a breath test or for analysis unless the specimen” substitute “ A person does not co-operate with a preliminary test or provide a specimen of breath for analysis unless his co-operation or the specimen ”.6In section 184(1)(f) of that Act (application of sections 5 to 10 to military personnel) for “in section 6(1) the reference to a traffic offence” substitute “ in section 6 a reference to a traffic offence ”.7In Schedule 1 to the Road Traffic Offenders Act 1988 (c. 53) (offences to which certain provisions apply), in the entry for section 6 of the Road Traffic Act 1988 (c. 52) for the description of the general nature of the offence substitute “ Failing to co-operate with a preliminary test ”.8In Schedule 2 to that Act (prosecution and punishment of offenders), in the entry for section 6 of the Road Traffic Act 1988 (c. 52) for the description of the general nature of the offence substitute “ Failing to co-operate with a preliminary test ”.9In section 34A(1D)(a) of the Army Act 1955 (c. 18) (testing for drugs) for sub-paragraph (i) substitute—iany provision of the Road Traffic Act 1988 (c. 52),.10In section 34A(1D)(a) of the Air Force Act 1955 (c. 19) (testing for drugs) for sub-paragraph (i) substitute—iany provision of the Road Traffic Act 1988 (c. 52),.11In section 12A(1D)(a) of the Naval Discipline Act 1957 (c. 53) (testing for drugs) for sub-paragraph (i) substitute—iany provision of the Road Traffic Act 1988 (c. 52),.12In section 34(6) of the Police and Criminal Evidence Act 1984 (c. 60) (arrest) for “section 6(5) of the Road Traffic Act 1988” substitute “ section 6D of the Road Traffic Act 1988 ”.13In section 32(8)(a) of the Armed Forces Act 2001 (c. 19) (testing for drink or drugs) for sub-paragraph (i) substitute—iany provision of the Road Traffic Act 1988 (c. 52),.Sch. 7 para. 1 in force at 29.3.2004 for specified purposes by S.I. 2004/827, art. 2(b)Sch. 7 para. 1 in force at 30.3.2004 in so far as not already in force by S.I. 2004/827, art. 3(ii)Sch. 7 para. 2 in force at 30.3.2004 by S.I. 2004/827, art. 3(ii)Sch. 7 para. 3 in force at 30.3.2004 by S.I. 2004/827, art. 3(ii)Sch. 7 para. 4 in force at 30.3.2004 by S.I. 2004/827, art. 3(ii)Sch. 7 para. 5 in force at 30.3.2004 by S.I. 2004/827, art. 3(ii)Sch. 7 para. 6 in force at 30.3.2004 by S.I. 2004/827, art. 3(ii)Sch. 7 para. 7 in force at 30.3.2004 by S.I. 2004/827, art. 3(ii)Sch. 7 para. 8 in force at 30.3.2004 by S.I. 2004/827, art. 3(ii)Sch. 7 para. 9 in force at 30.3.2004 by S.I. 2004/827, art. 3(ii)Sch. 7 para. 10 in force at 30.3.2004 by S.I. 2004/827, art. 3(ii)Sch. 7 para. 11 in force at 30.3.2004 by S.I. 2004/827, art. 3(ii)Sch. 7 para. 12 in force at 30.3.2004 by S.I. 2004/827, art. 3(ii)Sch. 7 para. 13 in force at 30.3.2004 by S.I. 2004/827, art. 3(ii)