Road Traffic Act 1988

Part I — Principal Road Safety Provisions

Driving offences

Causing death by dangerous driving.

1

A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

Causing serious injury by dangerous driving

1A

• (1) A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

• (2) In this section “serious injury” means—

• (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and

• (b) in Scotland, severe physical injury.

Dangerous driving.

2

A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

Meaning of dangerous driving.

2A

• (1) For the purposes of sections 1 , 1A and 2 above a person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—

• (a) the way he drives falls far below what would be expected of a competent and careful driver, and

• (b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.

But this subsection does not apply where subsection (1B) applies.

• (1A) Subsection (1B) applies where a designated person—

• (a) is driving for police purposes (subject to subsections (1E) and (1F)), and

• (b) has undertaken prescribed training.

• (1B) For the purposes of sections 1, 1A and 2 above, the designated person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)—

• (a) the way the person drives falls far below what would be expected of a competent and careful constable who has undertaken the same prescribed training, and

• (b) it would be obvious to such a competent and careful constable that driving in that way would be dangerous.

• (1C) In subsections (1A) and (1B) “designated person” means—

• (a) a constable,

• (b) a member of staff appointed by the chief officer of police of a police force in England and Wales,

• (c) a member of staff appointed by a local policing body and employed to assist a police force in England and Wales,

• (d) a member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8),

• (e) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003,

• (f) a person employed or engaged by—

• (i) a chief officer of police,

• (ii) the British Transport Police Authority,

• (iii) the Civil Nuclear Police Authority,

• (iv) the chief constable for the Ministry of Defence Police, or

• (v) the Scottish Police Authority,

to train a person within any of paragraphs (a) to (e) to drive for police purposes,

• (g) a person employed or engaged by a person within paragraph (f)(i) to (v) to train another person to carry out training of the kind mentioned in that paragraph,

• (h) a National Crime Agency officer, or

• (i) a person engaged by the National Crime Agency—

• (i) to train a National Crime Agency officer to drive for law enforcement purposes, or

• (ii) to train another person to carry out training of the kind mentioned in sub-paragraph (i).

• (1D) In subsection (1C)(a) “constable” does not include a port constable within the meaning of section 7 of the Marine Navigation Act 2013 or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964.

• (1E) In the case of a National Crime Agency officer, the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for law enforcement purposes.

• (1F) In the case of a person within paragraph (i) of subsection (1C), the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for the purpose of the training mentioned in that paragraph.

• (2) A person is also to be regarded as driving dangerously for the purposes of sections 1 , 1A and 2 above if it would be obvious to a competent and careful driver that driving the vehicle in its current state would be dangerous.

• (3) In subsections (1) , (1B) and (2) above “dangerous” refers to danger either of injury to any person or of serious damage to property; and in determining for the purposes of those subsections what would be expected of, or obvious to, a competent and careful driver or constable (as the case may be) in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

• (4) In determining for the purposes of subsection (2) above the state of a vehicle, regard may be had to anything attached to or carried on or in it and to the manner in which it is attached or carried.

Causing death by careless, or inconsiderate, driving

2B

A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.

Causing serious injury by careless, or inconsiderate, driving

2C

• (1) A person who causes serious injury to another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.

• (2) In this section “serious injury” means—

• (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and

• (b) in Scotland, severe physical injury.

Careless, and inconsiderate, driving.

3

If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.

Meaning of careless, or inconsiderate, driving

3ZA

• (1) This section has effect for the purposes of sections 2B , 2C and 3 above and section 3A below.

• (2) A person is to be regarded as driving without due care and attention if (and only if) the way he drives falls below what would be expected of a competent and careful driver. But this subsection does not apply where subsection (2B) applies.

• (2A) Subsection (2B) applies where a designated person—

• (a) is driving for police purposes (subject to subsections (2E) and (2F)), and

• (b) has undertaken prescribed training.

• (2B) The designated person is to be regarded as driving without due care and attention if (and only if) the way the person drives falls below what would be expected of a competent and careful constable who has undertaken the same prescribed training.

• (2C) In subsections (2A) and (2B) “designated person” means—

• (a) a constable,

• (b) a member of staff appointed by the chief officer of police of a police force in England and Wales,

• (c) a member of staff appointed by a local policing body and employed to assist a police force in England and Wales,

• (d) a member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8),

• (e) an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003,

• (f) a person employed or engaged by—

• (i) a chief officer of police,

• (ii) the British Transport Police Authority,

• (iii) the Civil Nuclear Police Authority,

• (iv) the chief constable for the Ministry of Defence Police, or

• (v) the Scottish Police Authority,

to train a person within any of paragraphs (a) to (e) to drive for police purposes,

• (g) a person employed or engaged by a person within paragraph (f)(i) to (v) to train another person to carry out training of the kind mentioned in that paragraph,

• (h) a National Crime Agency officer, or

• (i) a person engaged by the National Crime Agency—

• (i) to train a National Crime Agency officer to drive for law enforcement purposes, or

• (ii) to train another person to carry out training of the kind mentioned in sub-paragraph (i).

• (2D) In subsection (2C)(a) “constable” does not include a port constable within the meaning of section 7 of the Marine Navigation Act 2013 or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964.

• (2E) In the case of a National Crime Agency officer, the reference in subsection (2A)(a) to driving for police purposes is to be read as a reference to driving for law enforcement purposes.

• (2F) In the case of a person within paragraph (i) of subsection (2C), the reference in subsection (2A)(a) to driving for police purposes is to be read as a reference to driving for the purpose of the training mentioned in that paragraph.

• (3) In determining for the purposes of subsection (2) or (2B) above what would be expected of a careful and competent driver or constable (as the case may be) in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.

• (4) A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving.

Causing death by driving: unlicensed... or uninsured drivers

3ZB

A person is guilty of an offence under this section if he causes the death of another person by driving a motor vehicle on a road and, at the time when he is driving, the circumstances are such that he is committing an offence under—

• (a) section 87(1) of this Act (driving otherwise than in accordance with a licence),

• (b) ... or

• (c) section 143 of this Act (using motor vehicle while uninsured ...).

Causing death by driving: disqualified drivers

3ZC

A person is guilty of an offence under this section if he or she—

• (a) causes the death of another person by driving a motor vehicle on a road, and

• (b) at that time, is committing an offence under section 103(1)(b) of this Act (driving while disqualified).

Causing serious injury by driving: disqualified drivers

3ZD

• (1) A person is guilty of an offence under this section if he or she—

• (a) causes serious injury to another person by driving a motor vehicle on a road, and

• (b) at that time, is committing an offence under section 103(1)(b) of this Act (driving while disqualified).

• (2) In this section “serious injury” means—

• (a) in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and

• (b) in Scotland, severe physical injury.

Causing death by careless driving when under influence of drink or drugs.

3A

• (1) If a person causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and—

• (a) he is, at the time when he is driving, unfit to drive through drink or drugs, or

• (b) he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or

• (ba) he has in his body a specified controlled drug and the proportion of it in his blood or urine at that time exceeds the specified limit for that drug, or

• (c) he is, within 18 hours after that time, required to provide a specimen in pursuance of section 7 of this Act, but without reasonable excuse fails to provide it, or

• (d) he is required by a constable to give his permission for a laboratory test of a specimen of blood taken from him under section 7A of this Act, but without reasonable excuse fails to do so,

he is guilty of an offence.

• (2) For the purposes of this section a person shall be taken to be unfit to drive at any time when his ability to drive properly is impaired.

• (3) Subsection (1)(b), (ba), (c) and (d) above shall not apply in relation to a person driving a mechanically propelled vehicle other than a motor vehicle.

Motor vehicles: drink and drugs

Driving, or being in charge, when under influence of drink or drugs.

4

• (1) A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

• (2) Without prejudice to subsection (1) above, a person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.

• (3) For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a mechanically propelled vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.

• (4) The court may, in determining whether there was such a likelihood as is mentioned in subsection (3) above, disregard any injury to him and any damage to the vehicle.

• (5) For the purposes of this section, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.

• (6) A constable may arrest a person without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under this section.

• (7) For the purpose of arresting a person under the power conferred by subsection (6) above, a constable may enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.

5

• (1) If a person—

• (a) drives or attempts to drive a motor vehicle on a road or other public place, or

• (b) is in charge of a motor vehicle on a road or other public place,

after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.

• (2) It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit.

• (3) The court may, in determining whether there was such a likelihood as is mentioned in subsection (2) above, disregard any injury to him and any damage to the vehicle.

Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit

5A

• (1) This section applies where a person (“D”)—

• (a) drives or attempts to drive a motor vehicle on a road or other public place, or

• (b) is in charge of a motor vehicle on a road or other public place,

and there is in D's body a specified controlled drug.

• (2) D is guilty of an offence if the proportion of the drug in D's blood or urine exceeds the specified limit for that drug.

• (3) It is a defence for a person (“D”) charged with an offence under this section to show that—

• (a) the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,

• (b) D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and

• (c) D's possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).

• (4) The defence in subsection (3) is not available if D's actions were—

• (a) contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or

• (b) contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.

• (5) If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

• (6) It is a defence for a person (“D”) charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to have committed the offence the circumstances were such that there was no likelihood of D driving the vehicle whilst the proportion of the specified controlled drug in D's blood or urine remained likely to exceed the specified limit for that drug.

• (7) The court may, in determining whether there was such a likelihood, disregard any injury to D and any damage to the vehicle.

• (8) In this section, and in sections 3A, 6C(1), 6D and 10, “specified” means specified in regulations made—

• (a) by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales;

• (b) by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland.

• (9) A limit specified under subsection (2) may be zero.

Power to administer preliminary tests

6

• (1) If 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.

• (2) This subsection applies if a constable reasonably suspects that the person—

• (a) is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and

• (b) has alcohol or a drug in his body or is under the influence of a drug.

• (3) This subsection applies if a constable reasonably suspects that the person—

• (a) has 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, and

• (b) still has alcohol or a drug in his body or is still under the influence of a drug.

• (4) This subsection applies if a constable reasonably suspects that the person—

• (a) is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and

• (b) has committed a traffic offence while the vehicle was in motion.

• (5) This subsection applies if—

• (a) an accident occurs owing to the presence of a motor vehicle on a road or other public place, and

• (b) a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.

• (6) A 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.

• (7) A constable may administer a preliminary test by virtue of any of subsections (2) to (4) only if he is in uniform.

• (8) In this section—

• (a) a reference to a preliminary test is to any of the tests described in sections 6A to 6C, and

• (b) “traffic offence” means an offence under—

• (i) a provision of Part II of the Public Passenger Vehicles Act 1981 (c. 14),

• (ii) a provision of the Road Traffic Regulation Act 1984 (c. 27),

• (iii) a provision of the Road Traffic Offenders Act 1988 (c. 53) other than a provision of Part III, or

• (iv) a provision of this Act other than a provision of Part V.

Preliminary breath test

6A

• (1) A 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.

• (2) A 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.

• (3) A preliminary breath test administered in reliance on section 6(5) 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.

Preliminary impairment test

6B

• (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 section.

• (6) A 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.

• (7) A code of practice under this section may include provision about—

• (a) the giving of approval under subsection (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 subsection.

Preliminary drug test

6C

• (1) A preliminary drug test is a procedure by which a specimen of sweat or saliva is—

• (a) obtained, and

• (b) used 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 and if so—

• (i) whether it is a specified controlled drug;

• (ii) if it is, whether the proportion of it in the person's blood or urine is likely to exceed the specified limit for that drug.

• (2) A preliminary drug 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.

• (3) Up to three preliminary drug tests may be administered.

Arrest

6D

• (1) A constable may arrest a person without warrant if as a result of a preliminary breath test or preliminary drug test the constable reasonably suspects that—

• (a) the proportion of alcohol in the person's breath or blood exceeds the prescribed limit, or

• (b) the person has a specified controlled drug in his body and the proportion of it in the person's blood or urine exceeds the specified limit for that drug.

• (1A) The fact that specimens of breath have been provided under section 7 of this Act by the person concerned does not prevent subsection (1) above having effect if the constable who imposed on him the requirement to provide the specimens has reasonable cause to believe that the device used to analyse the specimens has not produced a reliable indication of the proportion of alcohol in the breath of the person.

• (2) A constable may arrest a person without warrant if—

• (a) the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under section 6, and

• (b) the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.

• (2A) A person arrested under this section may, instead of being taken to a police station, be detained at or near the place where the preliminary test was, or would have been, administered, with a view to imposing on him there a requirement under section 7 of this Act.

• (2A) Instead of, or before, arresting a person under this section, a constable may detain the person at or near the place where the preliminary test was, or would have been, administered with a view to imposing on the person there a requirement under section 7.

• (3) A person may not be arrested under this section while at a hospital as a patient.

Power of entry

6E

• (1) A constable may enter any place (using reasonable force if necessary) for the purpose of—

• (a) imposing 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, or

• (b) arresting a person under section 6D following an accident in a case where the constable reasonably suspects that the accident involved injury of any person.

• (2) This section—

• (a) does not extend to Scotland, and

• (b) is without prejudice to any rule of law or enactment about the right of a constable in Scotland to enter any place.

Provision of specimens for analysis.

7

• (1) In the course of an investigation into whether a person has committed an offence under section 3A, 4 or 5 of this Act a constable may, subject to the following provisions of this section and section 9 of this Act, require him—

• (a) to provide two specimens of breath for analysis by means of a device of a type approved by the Secretary of State, or

• (b) to provide a specimen of blood or urine for a laboratory test.

• (1A) In the course of an investigation into whether a person has committed an offence under section 5A of this Act a constable may, subject to subsections (3) to (7) of this section and section 9 of this Act, require the person to provide a specimen of blood or urine for a laboratory test.

• (2) A constable may make a requirement under this section to provide specimens of breath only if—

• (a) the requirement is made at a police station or a hospital,

• (b) the requirement is imposed in circumstances where section 6(5) of this Act applies, or

• (c) the constable is in uniform.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2C) Where a constable has imposed a requirement on the person concerned to co-operate with a relevant breath test at any place, he is entitled to remain at or near that place in order to impose on him there a requirement under this section.

• (2CA) For the purposes of subsection (2C) “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit.

• (2D) If a requirement under subsection (1)(a) above has been made at a place other than at a police station, such a requirement may subsequently be made at a police station if (but only if)—

• (a) a device or a reliable device of the type mentioned in subsection (1)(a) above was not available at that place or it was for any other reason not practicable to use such a device there, or

• (b) the constable who made the previous requirement has reasonable cause to believe that the device used there has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned.

• (3) A requirement under this section to provide a specimen of blood or urine can only be made at a police station or at a hospital; and it cannot be made at a police station unless—

• (a) the constable making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required, or

• (b) specimens of breath have not been provided elsewhere and at the time the requirement is made a device or a reliable device of the type mentioned in subsection (1)(a) above is not available at the police station or it is then for any other reason not practicable to use such a device there, or

• (bb) a device of the type mentioned in subsection (1)(a) above has been used (at the police station or elsewhere) but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned, or

• (bc) as 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

• (c) the suspected offence is one under section 3A, 4 or 5A of this Act and the constable making the requirement has been advised by a medical practitioner or a registered health care professional that the condition of the person required to provide the specimen might be due to some drug;

but may then be made notwithstanding that the person required to provide the specimen has already provided or been required to provide two specimens of breath.

• (4) If the provision of a specimen other than a specimen of breath may be required in pursuance of this section the question whether it is to be a specimen of blood or a specimen of urine and, in the case of a specimen of blood, the question who is to be asked to take it shall be decided (subject to subsection (4A)) by the constable making the requirement.

• (4A) Where a constable decides for the purposes of subsection (4) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if—

• (a) the medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or

• (b) the registered health care professional who is asked to take it is of that opinion and there is no contrary opinion from a medical practitioner;

and, where by virtue of this subsection there can be no requirement to provide a specimen of blood, the constable may require a specimen of urine instead.

• (5) A specimen of urine shall be provided within one hour of the requirement for its provision being made and after the provision of a previous specimen of urine.

• (5A) A constable may arrest a person without warrant if—

• (a) the person fails to provide a specimen of breath when required to do so in pursuance of this section, and

• (b) the constable reasonably suspects that the person has alcohol in his body.

• (6) A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence.

• (7) A constable must, on requiring any person to provide a specimen in pursuance of this section, warn him that a failure to provide it may render him liable to prosecution.

Specimens of blood taken from persons incapable of consenting

7A

• (1) A constable may make a request to a medical or health care practitioner for him to take a specimen of blood from a person (“the person concerned”) irrespective of whether that person consents if—

• (a) that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 9) be entitled under section 7 to require the provision of a specimen of blood for a laboratory test;

• (b) it appears to that constable that that person has been involved in an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter;

• (c) it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and

• (d) it appears to that constable that that person’s incapacity is attributable to medical reasons.

• (2) A request under this section—

• (a) shall not be made to a medical or health care practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and

• (b) shall not be made to a practitioner other than a police medical or health care practitioner unless—

• (i) it is not reasonably practicable for the request to be made to a police medical or health care practitioner; or

• (ii) it is not reasonably practicable for such a ... practitioner (assuming him to be willing to do so) to take the specimen.

• (3) It shall be lawful for a medical or health care practitioner to whom a request is made under this section, if he thinks fit—

• (a) to take a specimen of blood from the person concerned irrespective of whether that person consents; and

• (b) to provide the sample to a constable.

• (4) If a specimen is taken in pursuance of a request under this section, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken—

• (a) has been informed that it was taken; and

• (b) has been required by a constable to give his permission for a laboratory test of the specimen; and

• (c) has given his permission.

• (5) A constable must, on requiring a person to give his permission for the purposes of this section for a laboratory test of a specimen, warn that person that a failure to give the permission may render him liable to prosecution.

• (6) A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this section is guilty of an offence.

• (7) In this section—

• “medical or health care practitioner” means a medical practitioner or a registered health care professional;

• “police medical or health care practitioner” means a medical practitioner, or a registered health care professional, who is engaged under any agreement to provide medical or health care services for purposes connected with the activities of a police force.

Breath specimen showing higher alcohol level to be disregarded.

8

• (1) ... of any two specimens of breath provided by any person in pursuance of section 7 of this Act that with the lower proportion of alcohol in the breath shall be used and the other shall be disregarded.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protection for hospital patients.

9

• (1) While a person is at a hospital as a patient he shall not be required to co-operate with a preliminary test or to provide a specimen under section 7 of this Act unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement; and—

• (a) if the requirement is then made, it shall be for co-operation with a test administered, or for the provision of a specimen, at the hospital, but

• (b) if the medical practitioner objects on the ground specified in subsection (2) below, the requirement shall not be made.

• (1A) While a person is at a hospital as a patient, no specimen of blood shall be taken from him under section 7A of this Act and he shall not be required to give his permission for a laboratory test of a specimen taken under that section unless the medical practitioner in immediate charge of his case—

• (a) has been notified of the proposal to take the specimen or to make the requirement; and

• (b) has not objected on the ground specified in subsection (2).

• (2) The ground on which the medical practitioner may object is—

• (a) in a case falling within subsection (1), that the requirement or the provision of the specimen or (if one is required) the warning required by section 7(7) of this Act would be prejudicial to the proper care and treatment of the patient; and

• (b) in a case falling within subsection (1A), that the taking of the specimen, the requirement or the warning required by section 7A(5) of this Act would be so prejudicial.

Detention of persons affected by alcohol or a drug.

10

• (1) Subject to subsections (2) and (3) below, a person required under section 7 or 7A to provide a specimen of breath, blood or urine may afterwards be detained at a police station (or, if the specimen was provided otherwise than at a police station, arrested and taken to and detained at a police station) if a constable has reasonable grounds for believing that, were that person then driving or attempting to drive a mechanically propelled vehicle on a road, he would commit an offence under section 4, 5 or 5A of this Act.

• (2) Subsection (1) above does not apply to the person if it ought reasonably to appear to the constable that there is no likelihood of his driving or attempting to drive a mechanically propelled vehicle whilst—

• (a) the person's ability to drive properly is impaired,

• (b) the proportion of alcohol in the person's breath, blood or urine exceeds the prescribed limit, or

• (c) the proportion of a specified controlled drug in the person's blood or urine exceeds the specified limit for that drug.

• (2A) A person who is at a hospital as a patient shall not be arrested and taken from there to a police station in pursuance of this section if it would be prejudicial to his proper care and treatment as a patient.

• (3) A constable must consult a medical practitioner on any question arising under this section whether a person’s ability to drive properly is or might be impaired through drugs and must act on the medical practitioner’s advice.

Interpretation of sections 4 to 10.

11

• (1) The following provisions apply for the interpretation of sections 3A to 10 of this Act.

• (2) In those sections—

• . . .

• “controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1971,

• “drug” includes any intoxicant other than alcohol,

• “fail” includes refuse,

• “hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients,

• “the prescribed limit” means, as the case may require—35 microgrammes of alcohol in 100 millilitres of breath,80 milligrammes of alcohol in 100 millilitres of blood, or107 milligrammes of alcohol in 100 millilitres of urine,or such other proportion as may be prescribed by regulations ....

• “registered health care professional” means a person (other than a medical practitioner) who is—a registered nurse; ora registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.

• “specified”, in relation to a controlled drug, has the meaning given by section 5A(8)

• (2ZA) Regulations under subsection (2) may be made—

• (a) by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales;

• (b) by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland.

• (2A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.

• (2B) An order under subsection (2) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) 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—

• (a) is sufficient to enable the test or the analysis to be carried out, and

• (b) is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.

• (4) A person provides a specimen of blood if and only if—

• (a) he consents to the taking of such a specimen from him; and

• (b) the specimen is taken from him ... either by a medical practitioner or by a registered health care professional.

Motor racing on public ways

Motor racing on public ways.

12

• (1) A person who promotes or takes part in a race or trial of speed between motor vehicles on a public way is guilty of an offence.

• (1A) Subsection (1) is subject to—

• (a) in relation to England and Wales, sections 12A to 12F (which make provision to allow the holding of races or trials of speed between motor vehicles on public ways in England and Wales);

• (b) in relation to Scotland, sections 12G to 12I (which make provision to allow the holding of races or trials of speed between motor vehicles on public ways in Scotland).

• (2) In this section “public way” means, in England and Wales, a highway and, in Scotland, a public road.

Motor race orders: England and Wales: overview

12A

• (1) Sections 12A to 12F allow highway authorities to make orders relating to the holding of a race or trial of speed between motor vehicles on a highway in England and Wales (“motor race orders”).

• (2) A motor race order is made on the application of the person promoting the event, with the permission of a motor sport governing body (see sections 12B to 12D).

• (3) The effect of a motor race order is set out in section 12E.

Permission to apply for motor race order

12B

• (1) A person who wishes to promote a race or trial of speed between motor vehicles on a highway in England and Wales may apply for a permit to a motor sport governing body authorised by regulations made by the appropriate national authority to issue permits in respect of a race or trial of speed of that kind.

• (2) Before issuing a permit, the motor sport governing body must consult—

• (a) the highway authority for each area in which the event is to take place or which is otherwise likely to be significantly affected by the event,

• (b) the local authority for each such area,

• (c) the police authority for each such area,

• (d) in the case of an event that is to take place in Greater London, the Greater London Authority,

• (e) each person who has given the motor sport governing body written notice within the previous 12 months that the person wishes to be consulted about applications under this section, and

• (f) such other persons as the motor sport governing body thinks appropriate.

• (3) The motor sport governing body must issue the permit if satisfied that—

• (a) the applicant intends to promote the proposed event,

• (b) the applicant has the necessary financial and other resources to make appropriate arrangements for the event,

• (c) the applicant has arranged or will arrange appropriate insurance cover in connection with the event, in accordance with guidance issued by the motor sport governing body, and

• (d) the application includes all necessary details of the safety and other arrangements proposed for the event.

• (4) A permit must specify—

• (a) any route to be followed in the course of the event;

• (b) arrangements for the approval by the motor sport governing body of drivers participating in the event;

• (c) arrangements for the approval by the motor sport governing body of vehicles to be used in the course of the event;

• (d) arrangements made or to be made for insurance in connection with the event.

• (5) A permit may set out conditions that the motor sport governing body thinks should be included in any motor race order made in relation to the event.

• (6) The appropriate national authority must by regulations list motor sport governing bodies that are authorised to issue permits for the purposes of this section.

• (7) The regulations may specify the kinds of races or trials of speed between motor vehicles on a highway in respect of which each listed governing body may issue permits.

• (8) The regulations may provide that a listed motor sport governing body ceases to be authorised to issue permits if the rules of the governing body—

• (a) include provision of a kind specified in the regulations;

• (b) do not include provision of a kind so specified.

• (9) In this section—

• “the appropriate national authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;

• “local authority” means —a county or district council in England;a parish council in England;a London borough council;the Common Council of the City of London in its capacity as a local authority;the Council of the Isles of Scilly;a county or county borough council in Wales.

Application for motor race order

12C

• (1) A motor race order may only be made on an application under this section.

• (2) An application may be made only by a person who—

• (a) wishes to promote a race or trial of speed between motor vehicles on a highway in England and Wales, and

• (b) has a permit issued in accordance with section 12B in relation to the event.

• (3) The application must be made to the highway authority for the area in which the event is to take place (and, where the event is to take place in the area of more than one highway authority, separate applications must be made under this section to each authority).

• (4) The application must be made not less than 6 months before the event.

• (5) The application must be accompanied by—

• (a) the permit issued in accordance with section 12B;

• (b) details of any orders under section 16A of the Road Traffic Regulation Act 1984 (prohibition or restriction on roads in connection with certain events), and of any other orders, regulations or other legislative instruments, that will be needed in connection with the event;

• (c) a risk assessment in such form as the highway authority may specify;

• (d) such fee as the highway authority may specify.

Determination of applications for motor race orders

12D

• (1) Before determining whether to make a motor race order, a highway authority must consider—

• (a) the likely impact of the event on the local community,

• (b) the potential local economic and other benefits (in respect of tourism or otherwise), and

• (c) any other local considerations that the authority thinks relevant.

• (2) The highway authority may make the motor race order if satisfied that—

• (a) adequate arrangements have been made to allow the views of the local community to be taken into account,

• (b) the person proposing to promote the event has shown that the event is commercially viable, and

• (c) effective arrangements have been made to involve local residents, the police and other emergency services in the planning and implementation of the event.

• (3) A motor race order must—

• (a) specify the event to which it relates, including the date or (in the case of an event that is to take place on more than one day) the dates on which it is to take place,

• (b) include a map of the area to be used for the event (showing, in particular, the roads which participants will use, and areas which will be available for occupation by spectators), and

• (c) include any other information specified by the appropriate national authority by regulations.

• (4) A motor race order may include conditions which must be satisfied before, during or after the event.

• (5) A motor race order may, in particular, include conditions designed to ensure that the arrangements mentioned in subsection (2)(c) continue throughout the planning and implementation of the event.

• (6) In this section, “the appropriate national authority” means—

• (a) in relation to England, the Secretary of State;

• (b) in relation to Wales, the Welsh Ministers.

Effect of motor race order

12E

• (1) A motor race order made under section 12D has the effect described in this section.

• (2) Section 12(1) does not apply to the promoter of the event if that person—

• (a) promotes the event in accordance with any conditions imposed on the promoter by the motor race order, and

• (b) takes reasonable steps to ensure that any other conditions specified in the motor race order are met.

• (3) The provisions listed in the Table do not apply in relation to a participant or an official or (as the case may be) in relation to a vehicle used by a participant or an official provided that—

• (a) the participant has been approved by the motor sport governing body that issued a permit in respect of the event or (as the case may be) the official has been authorised by the promoter,

• (b) the participant or official complies with any conditions specified in the motor race order that apply to participants or (as the case may be) officials, and

• (c) the participant or official also complies with any conditions imposed on him or her by the promoter.

Provision	Topic
Road Traffic Regulation Act 1984
Section 18(3)	Contravention of order relating to one-way traffic on trunk roads
Section 20(5)	Contravention of order relating to use on roads of vehicles of certain classes
Section 81(1), an order under section 84(1), section 86(1), an order under section 88(1) and section 89(1)	Speed limits
Regulations under section 99	Removal of vehicles illegally parked etc
Section 104(1)	Immobilisation of vehicles illegally parked
Road Traffic Act 1988
Section 1	Causing death by dangerous driving
Section 1A	Causing serious injury by dangerous driving
Section 2	Dangerous driving
Section 2B	Causing death by careless, or inconsiderate, driving
Section 2C	Causing serious injury by careless, or inconsiderate, driving
Section 3	Careless, and inconsiderate, driving
Section 3ZB	Causing death by driving: unlicensed... or uninsured drivers
Section 3ZC	Causing death by driving: disqualified drivers
Section 3ZD	Causing serious injury by driving: disqualified drivers
Section 12(1)	Motor racing on public ways
Section 21(1)	Prohibition of driving or parking on cycle tracks
Section 22	Leaving vehicles in dangerous positions
Section 22A	Causing danger to road-users
Section 36(1)	Drivers to comply with traffic signs
The Highway Code, as it has effect under section 38
Section 40A	Using vehicle in dangerous condition etc
Regulations under section 41	Regulation of construction, weight, equipment and use of vehicles
Section 41A	Breach of requirement as to brakes, steering-gear or tyres
Section 41C	Breach of requirement as to speed assessment equipment detection devices
Section 42	Breach of other construction and use requirements
Section 47(1)	Obligatory test certificates
Section 87(1)	Drivers of motor vehicles to have driving licences
Section 103(1)(b)	Driving while disqualified
Section 143(1) and (2)	Users of motor vehicles to be insured ...
Sections 164 and 165	Powers of constables to require production of driving licence, obtain information etc
Section 165A	Power to seize vehicles driven without licence or insurance
Section 170	Duty of driver to stop, report accident and give information or documents
Vehicle Excise and Registration Act 1994
Section 1(1)(b)	Circumstances in which vehicle excise duty is chargeable on unregistered mechanically propelled vehicles
Section 29(1)	Offence of using or keeping an unlicensed vehicle

• (4) The appropriate national authority may by regulations amend this section so as to—

• (a) add or omit an entry in the Table in subsection (3);

• (b) provide that subsection (3) applies in relation to a provision for the time being included in the Table only for purposes specified in the regulations;

• (c) provide that subsection (3) applies in relation to a provision for the time being included in the Table only if a condition specified in the regulations is included in the motor race order.

• (5) However, regulations under subsection (4) may not add any provision of sections 3A to 11 of this Act (motor vehicles: drink and drugs) to the Table in subsection (3).

• (6) The promoter of an event in respect of which a motor race order has been made is liable in damages if personal injury or damage to property is caused by anything done—

• (a) by or on behalf of the promoter in connection with the event, or

• (b) by or on behalf of a participant or an official,

unless it is proved that the promoter took reasonable steps to prevent the injury or damage occurring.

• (7) For the purposes of the Law Reform (Contributory Negligence) Act 1945, the Fatal Accidents Act 1976 and the Limitation Act 1980 any injury or damage for which a person is liable under subsection (6) is to be treated as due to the fault of that person.

• (8) In this section—

• “the appropriate national authority” means—in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;

• “official” means a person who facilitates the holding of a race or trial of speed.

Regulations by appropriate national authority: procedure

12F

• (1) A power to make regulations conferred on the Secretary of State or the Welsh Ministers by section 12B(6), 12D(3)(c) or 12E(4) is exercisable by statutory instrument.

• (2) A statutory instrument containing regulations made by the Secretary of State under section 12E(4) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (3) A statutory instrument containing regulations made by the Secretary of State under section 12B(6) or 12D(3)(c) (other than regulations to which subsection (2) applies) is subject to annulment in pursuance of a resolution of either House of Parliament.

• (4) A statutory instrument containing regulations made by the Welsh Ministers under section 12E(4) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

• (5) A statutory instrument containing regulations made by the Welsh Ministers under section 12B(6) or 12D(3)(c) (other than regulations to which subsection (4) applies) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Authorisation of races and trials of speed in Scotland

12G

• (1) The Scottish Ministers may by regulations authorise, or make provision for authorising, the holding of races or trials of speed on public roads in Scotland.

• (2) Regulations under this section may in particular—

• (a) specify the persons by whom authorisations may be given;

• (b) limit the circumstances in which, and the places in respect of which, authorisations may be given;

• (c) provide for authorisations to be subject to conditions imposed by or under the regulations;

• (d) provide for authorisations to cease to have effect in circumstances specified in the regulations;

• (e) provide for the procedure to be followed, the particulars to be given, and the amount (or the persons who are to determine the amount) of any fees to be paid, in connection with applications for authorisations.

• (3) Regulations under this section may make different provision for different cases.

Races and trials of speed in Scotland: further provision

12H

• (1) Section 12(1) does not apply to the promoter of an event that has been authorised by or under regulations under section 12G if that person—

• (a) promotes the event in accordance with any conditions imposed on the promoter by or under the regulations, and

• (b) takes reasonable steps to ensure that any other conditions imposed by or under the regulations are met.

• (2) Section 12(1) does not apply to a participant in an event that has been authorised by or under regulations under section 12G, provided that the participant complies with any conditions imposed on participants by or under the regulations.

• (3) Sections 1, 1A, 2, 2B , 2C and 3 do not apply to a participant in an event that has been authorised by or under regulations under section 12G or to any other person of a description specified in regulations made by the Scottish Ministers, provided that the participant or other person complies with any conditions imposed on participants or on persons of that description by or under regulations under section 12G.

• (4) The Scottish Ministers may by regulations make provision for specified provisions of legislation of a kind mentioned in subsection (5)—

• (a) not to apply in relation to participants in events authorised by or under regulations under section 12G or (as appropriate) in relation to vehicles used by such persons;

• (b) to apply in relation to such persons or vehicles subject to modifications specified in the regulations;

• (c) not to apply in relation to persons of a description specified in regulations under this subsection or (as appropriate) in relation to vehicles used by such persons;

• (d) to apply in relation to such persons or vehicles subject to modifications specified in the regulations.

• (5) The kinds of legislation are—

• (a) legislation restricting the speed of vehicles or otherwise regulating the use of vehicles on a public road;

• (b) legislation regulating the construction, maintenance or lighting of vehicles;

• (c) legislation requiring a policy of insurance ... to be in force in relation to the use of any vehicle;

• (d) legislation relating to the duty chargeable on, or the licensing and registration of, vehicles;

• (e) legislation requiring the driver of a vehicle to hold a licence to drive it;

• (f) legislation relating to the enforcement of any legislation mentioned in paragraphs (a) to (e).

• (6) However, regulations under subsection (4) may not disapply, or otherwise alter the application of, sections 3A to 11 of this Act (motor vehicles: drink and drugs).

• (7) The Scottish Ministers may by regulations amend section 16A of the Road Traffic Regulation Act 1984 so as to enable orders under that section that are made for the purposes of an event authorised by or under regulations under section 12G to suspend statutory provisions in addition to those specified in section 16A(11).

• (8) The promoter of an event that has been authorised by or under regulations under section 12G is liable in damages if personal injury or damage to property is caused by anything done—

• (a) by or on behalf of the promoter in connection with the event,

• (b) by or on behalf of a participant, or

• (c) by or on behalf of a person of a description specified in regulations made by the Scottish Ministers,

unless it is proved that the promoter took reasonable steps to prevent the injury or damage occurring.

• (9) For the purposes of the Law Reform (Contributory Negligence) Act 1945, any injury or damage for which a person is liable under subsection (8) is to be treated as due to the fault of that person.

• (10) In this section, “legislation” means—

• (a) an Act or subordinate legislation (within the meaning of the Interpretation Act 1978);

• (b) an Act of the Scottish Parliament or an instrument made under an Act of the Scottish Parliament.

Regulations under section 12G or 12H: procedure

12I

• (1) Before making regulations under section 12H(3), (4), (7) or (8), the Scottish Ministers must consult such persons as they consider appropriate.

• (2) Regulations under section 12G are subject to the negative procedure.

• (3) Regulations under section 12H(3), (4), (7) or (8) are subject to the affirmative procedure.

Other motor events

Regulation of motoring events on public ways.

13

• (1) A person who promotes or takes part in a competition or trial (other than a race or trial of speed) involving the use of motor vehicles on a public way is guilty of an offence unless the competition or trial—

• (a) is authorised, and

• (b) is conducted in accordance with any conditions imposed,

by or under regulations under this section.

• (2) The Secretary of State may by regulations authorise, or provide for authorising, the holding of competitions or trials (other than races or trials of speed) involving the use of motor vehicles on public ways either—

• (a) generally, or

• (b) as regards any area, or as regards any class or description of competition or trial or any particular competition or trial,

subject to such conditions, including conditions requiring the payment of fees, as may be imposed by or under the regulations.

• (3) Regulations under this section may—

• (a) prescribe the procedure to be followed, and the particulars to be given, in connection with applications for authorisation under the regulations, and

• (b) make different provision for different classes or descriptions of competition or trial.

• (4) In this section “public way” means, in England and Wales, a highway and, in Scotland, a public road.

Disapplication of sections 1 to 3 for authorised motoring events.

13A

• (1) A person shall not be guilty of an offence under sections 1, 1A, 2, 2B , 2C or 3 of this Act by virtue of driving a vehicle in a public place other than a road if he shows that he was driving in accordance with an authorisation for a motoring event given under regulations made by the Secretary of State.

• (2) Regulations under this section may in particular—

• (a) prescribe the persons by whom, and limit the circumstances in which and the places in respect of which, authorisations may be given under the regulations;

• (b) specify conditions which must be included among those incorporated in authorisations;

• (c) provide for authorisations to cease to have effect in prescribed circumstances;

• (d) provide for the procedure to be followed, the particulars to be given, and the amount (or the persons who are to determine the amount) of any fees to be paid, in connection with applications for authorisations;

• (e) make different provisions for different cases.

Protective measures: seat belts, helmets, etc.

Seat belts: adults.

14

• (1) The Secretary of State may make regulations requiring, subject to such exceptions as may be prescribed, persons who are driving or riding in motor vehicles on a road to wear seat belts of such description as may be prescribed.

• (2) Regulations under this section—

• (a) may make different provision in relation to different classes of vehicles, different descriptions of persons and different circumstances,

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) shall include exceptions for—

• (i) the driver of or a passenger in a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed the prescribed distance and which is undertaken for the purpose of delivering or collecting any thing,

• (ii) the drivers of vehicles while performing a manoeuvre which includes reversing,

• (iii) any person holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt,

• (bb) may include an exception for any person holding a certificate to the like effect as that mentioned in paragraph (b)(iii) above which was issued in a member State ... and which, under the law of that State, is valid for purposes corresponding to those of this section,

• (c) may make any prescribed exceptions subject to such conditions as may be prescribed, and

• (d) may prescribe cases in which a fee of a prescribed amount may be charged on an application for any certificate required as a condition of any prescribed exception.

• (3) A person who drives or rides in a motor vehicle in contravention of regulations under this section is guilty of an offence; but, notwithstanding any enactment or rule of law, no person other than the person actually committing the contravention is guilty of an offence by reason of the contravention.

• (4) If the holder of any such certificate as is referred to in subsection (2)(b) or (bb)above is informed by a constable that he may be prosecuted for an offence under subsection (3) above, he is not in proceedings for that offence entitled to rely on the exception afforded to him by the certificate unless—

• (a) it is produced to the constable at the time he is so informed, or

• (b) it is produced—

• (i) within seven days after the date on which he is so informed, or

• (ii) as soon as is reasonably practicable,

at such police station as he may have specified to the constable, or

• (c) where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the proceedings are commenced.

• (5) For the purposes of subsection (4) above, the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.

• (6) Regulations under this section requiring the wearing of seat belts by persons riding in motor vehicles shall not apply to children under the age of fourteen years.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on carrying children not wearing seat belts in motor vehicles.

15

• (1) Except as provided by regulations, where a child under the age of fourteen years is in the front of a motor vehicle, a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.

• (1A) Where—

• (a) a child is in the front of a motor vehicle other than a bus,

• (b) the child is in a rear-facing child restraining device, and

• (c) the passenger seat where the child is placed is protected by a front air bag,

a person must not without reasonable excuse drive the vehicle on a road unless the air bag is deactivated.

• (2) It is an offence for a person to drive a motor vehicle in contravention of subsection (1) or (1A) above.

• (3) Except as provided by regulations, where—

• (a) a child under the age of three years is in the rear of a motor vehicle, or

• (b) a child of or over that age but under the age of fourteen years is in the rear of a motor vehicle and any seat belt is fitted in the rear of that vehicle,

a person must not without reasonable excuse drive the vehicle on a road unless the child is wearing a seat belt in conformity with regulations.

• (3A) Except as provided by regulations, where—

• (a) a child who is under the age of 12 years and less than 150 centimetres in height is in the rear of a passenger car,

• (b) no seat belt is fitted in the rear of the passenger car, and

• (c) a seat in the front of the passenger car is provided with a seat belt but is not occupied by any person,

a person must not without reasonable excuse drive the passenger car on a road.

• (4) It is an offence for a person to drive a motor vehicle in contravention of subsection (3) or (3A) above.

• (5) Provision may be made by regulations—

• (a) excepting from the prohibition in subsection (1) , (3) or (3A) above children of any prescribed description, vehicles of a prescribed class or the driving of vehicles in such circumstances as may be prescribed,

• (b) defining in relation to any class of vehicle what part of the vehicle is to be regarded as the front of the vehicle for the purposes of subsection (1) or (3A) above or as the rear of the vehicle for the purposes of subsection (3) or (3A) above,

• (c) prescribing for the purposes of subsection (1) or (3) above the descriptions of seat belt to be worn by children of any prescribed description and the manner in which such seat belt is to be fixed and used.

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Regulations made for the purposes of subsection (3) or (3A) above—

• (a) shall include an exemption for any child holding a valid certificate signed by a medical practitioner to the effect that it is inadvisable on medical grounds for him to wear a seat belt, and

• (b) may include an exemption for any child holding a certificate to the like effect which was issued in any member State ... and which, under the law of that State, is valid for purposes corresponding to those of this section,

....

• (7) If the driver of a motor vehicle is informed by a constable that he may be prosecuted for an offence under subsection (4) above, he is not in proceedings for that offence entitled to rely on an exception afforded to a child by a certificate referred to in subsection (6) above unless—

• (a) it is produced to the constable at the time he is so informed, or

• (b) it is produced—

• (i) within seven days after the date on which he is so informed, or

• (ii) as soon as is reasonably practicable,

at such police station as he may have specified to the constable, or

• (c) where it is not produced at such police station, it is not reasonably practicable for it to be produced there before the day on which the proceedings are commenced.

• (8) For the purposes of subsection (7) above, the laying of the information or, in Scotland, the service of the complaint on the accused shall be treated as the commencement of the proceedings.

• (9) In this section—

• “bus” means a motor vehicle that—has at least four wheels,is constructed or adapted for the carriage of passengers,has more than eight seats in addition to the driver's seat, andhas a maximum design speed exceeding 25 kilometres per hour;