PART IIPrincipal Road Safety Provisions

Motor vehicles: drink and drugs

F1Preliminary impairment testC117B

1

A preliminary impairment test is a procedure whereby the constable administering the test–

a

observes the person to whom the test is administered in his performance of tasks specified by the constable, and

b

makes such other observations of the person's physical state as the constable thinks expedient.

2

The Secretary of State shall issue (and may from time to time revise) a code of practice about–

a

the kind of task that may be specified for the purpose of a preliminary impairment test,

b

the kind of observation of physical state that may be made in the course of a preliminary impairment test,

c

the manner in which a preliminary impairment test should be administered, and

d

the inferences that may be drawn from observations made in the course of a preliminary impairment test.

3

In issuing or revising the code of practice the Secretary of State shall aim to ensure that a preliminary impairment test is designed to indicate–

a

whether a person is unfit to drive, and

b

if he is, whether or not his unfitness is likely to be due to drink or drugs.

4

A preliminary impairment test may be administered–

a

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

b

if the constable who imposes the requirement thinks it expedient, at a police station specified by him.

5

A constable administering a preliminary impairment test shall have regard to the code of practice under this Article.

6

A constable may administer a preliminary impairment test only if he is approved for that purpose by the Chief Constable.

7

A code of practice under this Article may include provision about–

a

the giving of approval under paragraph (6), and

b

in 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 paragraph.