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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 4 — Shipping: Alcohol and Drugs

    36

 

General

 84    Consequential repeal

Section 117 of the Merchant Shipping Act 1995 (c. 21) (drunkenness on duty)

shall cease to have effect.

 85    Orders and regulations

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     (1)    An order or regulations under this Part may—

           (a)           make transitional, supplemental and incidental provision;

           (b)           make provision generally or for specified purposes only;

           (c)           make different provision for different purposes.

     (2)    The power under section 81(3)(c) for the Secretary of State to designate a class

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of person includes a power for him to designate—

           (a)           himself, or

           (b)           one or more persons employed in his Department.

     (3)    An order or regulations under this Part shall be made by statutory instrument.

     (4)    Regulations under this Part shall not be made unless a draft has been laid

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before and approved by resolution of each House of Parliament.

     (5)    An order under section 81(3)(c) shall be subject to annulment in pursuance of

a resolution of either House of Parliament.

     (6)    Before making regulations under section 78(2) the Secretary of State shall

consult such organisations as he thinks fit.

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 86    Interpretation

     (1)    In this Part—

           (a)           “ship” includes every description of vessel used in navigation, and

           (b)           a reference to the navigation of a vessel includes a reference to the

control or direction, or participation in the control or direction, of the

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course of a vessel.

     (2)    Section 313 of the Merchant Shipping Act 1995 (interpretation) shall apply to

the following expressions used in this Part—

           (a)           fishing vessel,

           (b)           foreign ship,

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           (c)           Government ship,

           (d)           harbour authority,

           (e)           master,

           (f)           registered,

           (g)           seaman,

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           (h)           United Kingdom ship, and

           (i)           United Kingdom waters.

     (3)    In this Part “pilot” has the meaning given by section 31(1) of the Pilotage Act

1987 (c. 21) (interpretation).

     (4)    Regulations under section 267(4)(a) of the Merchant Shipping Act 1995 (power

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to define “accident” for the purposes of provisions about marine accident

 

 

Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

    37

 

     (4)    investigations) shall, so far as is practicable, apply to the word “accident” as

used in relation to this Part.

     (5)    In this Part “drug” includes any intoxicant other than alcohol.

 87    Crown application

     (1)    This Part—

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           (a)           shall apply, except for section 81, in relation to ships forming part of the

Royal Fleet Auxiliary Service, but

           (b)           shall not apply in relation to a function or activity performed or carried

out by a person who at the time is subject to service law (within the

meaning given by section 225(1) of the Army Act 1955 (c. 18)

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(interpretation)).

     (2)    This Part shall not otherwise apply in relation to—

           (a)           ships belonging to Her Majesty, or

           (b)           other Government ships.

 88    Territorial application

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     (1)    This Part shall have effect in relation to—

           (a)           United Kingdom ships,

           (b)           foreign ships in United Kingdom waters, and

           (c)           un-registered ships in United Kingdom waters.

     (2)    But section 77 shall have no effect in relation to anything done in—

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           (a)           internal waters of Scotland, or

           (b)           any part of the internal waters or territorial sea of the United Kingdom

that is adjacent to Scotland (for which purpose any Order in Council

made under section 126(2) of the Scotland Act 1998 (c. 46) (meaning of

adjacent) shall have effect).

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     (3)    Section 83 shall not extend to Scotland.

Part 5

Aviation: Alcohol and Drugs

Offences

 89    Being unfit for duty

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     (1)    A person commits an offence if—

           (a)           he performs an aviation function at a time when his ability to perform

the function is impaired because of drink or drugs, or

           (b)           he carries out an activity which is ancillary to an aviation function at a

time when his ability to perform the function is impaired because of

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drink or drugs.

     (2)    In this section “drug” includes any intoxicant other than alcohol.

     (3)    Section 91 defines “aviation function” and “ancillary activity” for the purposes

of this Part.

 

 

Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

    38

 

 90    Prescribed limit

     (1)    A person commits an offence if—

           (a)           he performs an aviation function at a time when the proportion of

alcohol in his breath, blood or urine exceeds the prescribed limit, or

           (b)           he carries out an activity which is ancillary to an aviation function at a

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time when the proportion of alcohol in his breath, blood or urine

exceeds the prescribed limit.

     (2)    The prescribed limit of alcohol is (subject to subsection (3))—

           (a)           in the case of breath, 9 microgrammes of alcohol in 100 millilitres,

           (b)           in the case of blood, 20 milligrammes of alcohol in 100 millilitres, and

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           (c)           in the case of urine, 27 milligrammes of alcohol in 100 millilitres.

     (3)    In relation to the aviation function specified in section 91(1)(h) the prescribed

limit is—

           (a)           in the case of breath, 35 microgrammes of alcohol in 100 millilitres,

           (b)           in the case of blood, 80 milligrammes of alcohol in 100 millilitres, and

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           (c)           in the case of urine, 107 milligrammes of alcohol in 100 millilitres.

     (4)    The Secretary of State may make regulations amending subsection (2) or (3).

     (5)    Section 91 defines “aviation function” and “ancillary activity” for the purposes

of this Part.

 91    Aviation functions

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     (1)    For the purposes of this Part the following (and only the following) are aviation

functions—

           (a)           acting as a pilot of an aircraft during flight,

           (b)           acting as flight navigator of an aircraft during flight,

           (c)           acting as flight engineer of an aircraft during flight,

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           (d)           acting as flight radio-telephony operator of an aircraft during flight,

           (e)           acting as a member of the cabin crew of an aircraft during flight,

           (f)           attending the flight deck of an aircraft during flight to give or supervise

training, to administer a test, to observe a period of practice or to

monitor or record the gaining of experience,

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           (g)           acting as an air traffic controller in pursuance of a licence granted under

or by virtue of an enactment (other than a licence granted to a student),

and

           (h)           acting as a licensed aircraft maintenance engineer.

     (2)    For the purposes of subsection (1)(h) a person acts as a licensed aircraft

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maintenance engineer if—

           (a)           he issues a document relating to the maintenance, condition or use of

an aircraft or equipment in reliance on a licence granted under or by

virtue of an enactment relating to aviation, or

           (b)           he carries out or supervises work on an aircraft or equipment with a

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view to, or in connection with, the issue by him of a document of the

kind specified in paragraph (a).

     (3)    For the purposes of this Part a reference to an activity which is ancillary to an

aviation function is a reference to anything which falls to be treated as such by

virtue of subsections (4) to (6).

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Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

    39

 

     (4)    An activity shall be treated as ancillary to an aviation function if it is

undertaken—

           (a)           by a person who has reported for a period of duty in respect of the

function, and

           (b)           as a requirement of, for the purpose of or in connection with the

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performance of the function during that period of duty.

     (5)    A person who in accordance with the terms of an employment or undertaking

holds himself ready to perform an aviation function if called upon shall be

treated as carrying out an activity ancillary to the function.

     (6)    Where a person sets out to perform an aviation function, anything which he

10

does by way of preparing to perform the function shall be treated as an activity

ancillary to it.

     (7)    For the purposes of this Part it is immaterial whether a person performs a

function or carries out an activity in the course of an employment or trade or

otherwise.

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     (8)    The Secretary of State may by regulations—

           (a)           amend this section;

           (b)           make an amendment of this Part which is consequential on an

amendment under paragraph (a).

Enforcement

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 92    Penalty

A person guilty of an offence under this Part shall be liable—

           (a)           on conviction on indictment, to imprisonment for a term not exceeding

two years, to a fine or to both, or

           (b)           on summary conviction, to a fine not exceeding the statutory

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maximum.

 93    Specimens, &c.

     (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.

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Provision

Description

Modification

 
 

Road Traffic Act

   
 

1988 (c. 52)

   
 

Section 6

Preliminary breath

In place of subsections (1) and (2), the power

 
  

tests

to require the provision of a specimen shall

 

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apply where—

 
   

     (a)    a constable in uniform reasonably

 
   

suspects that the person is

 
   

committing an offence under section

 
   

90, or

 

40

   

     (b)    a constable in uniform reasonably

 
   

suspects that the person has

 
   

committed an offence under section

 
   

90 and still has alcohol in his body.

 
 

 

Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

    40

 
 

Provision

Description

Modification

 
   

In place of subsection (3), a person may be

 
   

required to provide a specimen either—

 
   

     (a)    at or near the place where the

 
   

requirement is made, or

 

5

   

     (b)    at a police station specified by the

 
   

constable.

 
 

Section 7

Provision of

In subsection (1) the reference to an offence

 
  

specimen

under section 3A, 4 or 5 of the 1988 Act shall

 
   

be treated as a reference to an offence under

 

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section 89 or 90 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 89 of this Act.

 

15

 

Section 7A

Specimen of blood

  
  

taken from person

  
  

incapable of

  
  

consenting

  
 

Section 8

Choice of specimen

In subsection (2) the reference to 50

 

20

  

of breath

microgrammes of alcohol shall, except in

 
   

relation to the aviation function specified in

 
   

section 91(1)(h), be treated as a reference to

 
   

15 microgrammes of alcohol.

 
 

Section 9

Protection for

  

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hospital patient

  
 

Section 10

Detention of person

In subsection (1)—

 
  

affected by alcohol

     (a)    the reference to driving or

 
  

or drug

attempting to drive a mechanically

 
   

propelled vehicle on a road shall be

 

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treated as a reference to performing

 
   

an aviation function of the kind in

 
   

respect of which the requirement to

 
   

provide a specimen was imposed,

 
   

and

 

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     (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 89 or 90 of this Act.

 
   

In subsection (2) the reference to driving a

 

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mechanically propelled vehicle shall be

 
   

treated as a reference to performing an

 
   

aviation function.

 
   

In subsection (3) the reference to driving

 
   

properly shall be treated as a reference to

 

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performing an aviation function.

 
 

Section 11

Interpretation

For the definition of “the prescribed limit”

 
   

there shall be substituted the definition given

 
   

in this Part (and the definition of “drug” shall

 
   

be disregarded).

 

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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

 

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Act 1988 shall be treated as a reference to an

 
   

offence under section 89 or 90 of this Act.

 
 

 

Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

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Provision

Description

Modification

 
   

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.

 

5

   

In subsection (3)(b) the reference to driving

 
   

shall be treated as a reference to undertaking

 
   

an aviation function or an activity ancillary to

 
   

an aviation function.

 
 

Section 16

Documentary

  

10

  

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;

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           (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

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           (b)           a reference to the provision shall be treated, unless the context

otherwise requires, as including a reference to the provision as applied.

 94    Arrest without warrant

     (1)    A constable may arrest a person without a warrant if the constable reasonably

suspects that the person—

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           (a)           is committing an offence under section 89, or

           (b)           has committed an offence under that section and is still under the

influence of drink or drugs.

     (2)    But a person may not be arrested under this section while he is at a hospital as

a patient.

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     (3)    In subsection (2) “hospital” means an institution which provides medical or

surgical treatment for in-patients or out-patients.

     (4)    Arrest under this section shall be treated as arrest for an offence for the

purposes of—

           (a)           Part IV of the Police and Criminal Evidence Act 1984 (c. 60) (detention),

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and

           (b)           Part V of the Police and Criminal Evidence (Northern Ireland) Order

1989 (S.I. 1989/1341 (N.I. 12)) (detention).

 95    Right of entry

     (1)    A constable in uniform may board an aircraft if he reasonably suspects that he

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may wish to exercise a power by virtue of section 93 or under section 94 in

respect of a person who is or may be on the aircraft.

 

 

Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

    42

 

     (2)    A constable in uniform may enter any place if he reasonably suspects that he

may wish to exercise a power by virtue of section 93 or under section 94 in

respect of a person who is or may be in that place.

     (3)    For the purposes of boarding an aircraft or entering a place under this section

a constable—

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           (a)           may use reasonable force;

           (b)           may be accompanied by one or more persons.

General

 96    Regulations

     (1)    Regulations under this Part may—

10

           (a)           make transitional, supplemental and incidental provision;

           (b)           make provision generally or for a specified purpose only;

           (c)           make different provision for different purposes.

     (2)    Regulations under this Part—

           (a)           shall be made by statutory instrument, and

15

           (b)           may not be made unless a draft has been laid before and approved by

resolution of each House of Parliament.

     (3)    Before making regulations under section 90 or 91 the Secretary of State shall

consult such organisations as he thinks appropriate.

 97    Crown application

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     (1)    This Part shall apply to a function or activity performed or carried out in

relation to an aircraft which belongs to or is employed in the service of the

Crown.

     (2)    This section is subject to section 98.

 98    Military application

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     (1)    This Part shall not apply to a function or activity which is performed or carried

out—

           (a)           in relation to a military aircraft, and

           (b)           by a person who at the time is subject to service law.

     (2)    For the purposes of this section—

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           (a)           “military aircraft” has the meaning given by section 92(5) of the Civil

Aviation Act 1982 (c. 16) (application of criminal law to aircraft),

           (b)           the power under that provision to certify that an aircraft is or is not a

military aircraft shall apply, and

           (c)           “service law” has the meaning given by section 225(1) of the Army Act

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1955 (c. 18) (interpretation)).

 99    Territorial application

     (1)    This Part applies in relation to—

 

 

 
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