Legislation – Railways and Transport Safety Act 2003

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—

1. (a)

   a constable in uniform reasonably suspects that the person is committing an offence under section 78, 79 or 80,

2. (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

3. (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—

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 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)—

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

2. (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.

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