In place of subsections (2) to (5) the power to require a person to co-operate with a preliminary test shall apply where—

1. a

   a constable in uniform reasonably suspects that the person is committing an offence under section 92 or 93,

2. 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,

3. 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

4. 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.

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—

1. a

   at or near the place where the requirement to co-operate with the test is imposed, or

2. 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—

1. a

   in subsection (1)(b), the words following “in his body”;

2. b

   subsection (3).

In section 6D, subsection (1)(b) shall be disregarded.

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 3AF4, 4 or 5A of the 1988 Act shall be treated as a reference to an offence under section 92 of this Act.

In subsection (1)—

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

2. b

   the reference to an offence under section 4F7, 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.

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.