Road Traffic Act 1988

Part I — Principal Road Safety Provisions

Driving offences

Use of records of goods vehicle examinations, etc.

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.

Appointment of stopping officers

2

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

Inspection of public passenger vehicles and goods vehicles.

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.

Motor vehicles: drink and drugs

Information relating to disabilities etc.

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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of traffic commissioners.

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.

Tramcars and other guided vehicles: drink and drugs.

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.

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.

Choice of specimens of breath

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

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• (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).