(1)The provisions specified in the first column of the table below, with the modifications specified in the third column and any other necessary modifications, shall have effect in relation to an offence under this Part.
| Provision | Description | Modification |
|---|---|---|
| Road Traffic Act 1988 (c. 52) | ||
| Section 6 | Power to administer preliminary tests | In place of subsections (2) to (5) the power to require a person to co-operate with a preliminary test shall apply where— (a) a constable in uniform reasonably suspects that the person is committing an offence under section 78, 79 or 80, (b) a constable in uniform reasonably suspects that the person has committed an offence under section 78, 79 or 80 and still has alcohol or a drug in his body or is still under the influence of a drug, or (c) an accident occurs owing to the presence of a ship in a public place and a constable reasonably suspects that the person was at the time of the accident a person to whom section 78, 79 or 80 applied. |
| Sections 6A to 6E | Preliminary breath test, impairment test, and drug test | 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— (a) at or near the place where the requirement to co-operate with the test is imposed, or (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 do anything specified in section 78(2), 79(2) or 80(2). |
| Section 7 | Provision of specimen | 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 78, 79 or 80 of this Act. In subsection (3)(c) the reference to an offence under section 3A or 4 of the 1988 Act shall be treated as a reference to an offence under section 78(2), 79(2) or 80(2) of this Act. |
| Section 7A | Specimen of blood taken from person incapable of consenting | |
| Section 8 | Choice of specimen of breath | |
| Section 9 | Protection for hospital patient | |
| Section 10 | Detention of person affected by alcohol or drug | In subsection (1)— (a) the reference to driving or attempting to drive a mechanically propelled vehicle on a road shall be treated as a reference to exercising a function in connection with the navigation of a ship, and (b) the reference to an offence under section 4 or 5 of the 1988 Act shall be treated as a reference to an offence under section 78, 79 or 80 of this Act. In subsection (2) the reference to driving a mechanically propelled vehicle shall be treated as a reference to exercising a function in connection with the navigation of a ship. In subsection (3) the reference to driving properly shall be treated as a reference to exercising a function in connection with the navigation of a ship. |
| Section 11 | Interpretation | For the definition of “the prescribed limit” there shall be substituted the definition given in this Part. |
| Road Traffic Offenders Act 1988 (c. 53) | ||
| Section 15 | Use of specimens | In subsection (1), the reference to an offence under section 3A, 4 or 5 of the Road Traffic Act 1988 shall be treated as a reference to an offence under section 78, 79 or 80 of this Act. 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 exercising a function in connection with the navigation of a ship. |
| Section 16 | Documentary evidence | |
(2)The Secretary of State may by regulations amend the table in subsection (1) so as—
(a)to add a provision relating to an offence which concerns alcohol or drugs in relation to road traffic;
(b)to add, remove or amend a modification (whether or not in connection with an amendment of a provision specified in the table).
(3)For the purpose of the application by subsection (1) of a provision listed in the table in that subsection—
(a)the provision shall extend to the whole of the United Kingdom, and
(b)a reference to the provision shall be treated, unless the context otherwise requires, as including a reference to the provision as applied.
Commencement Information
I1S. 83 in force at 29.3.2004 for specified purposes by S.I. 2004/827, art. 2(a)
I2S. 83 in force at 30.3.2004 in so far as not already in force by S.I. 2004/827, art. 3(f)