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LORDS AMENDMENTS TO THE

RAILWAYS AND TRANSPORT SAFETY BILL

[The page and line references are to HL Bill 53 as first printed for the Lords.]

After Clause 27

1

Insert the following new Clause—

 

“Exercise of powers by civilians

 

     (1)    The following provisions of the Police Reform Act 2002 (c. 30) shall apply

 

in relation to the Police Force as they apply in relation to other police

 

forces—

 

           (a)           section 38 (police powers for police authority employees),

 

           (b)           section 39 (police powers for contracted-out staff),

 

           (c)           section 42 (supplementary),

 

           (d)           section 45 (code of practice),

 

           (e)           section 46 (offences),

 

           (f)           section 47 (interpretation), and

 

           (g)           Schedule 4 (powers exercisable by civilians).

 

     (2)    For the purpose of subsection (1) the provisions specified in that subsection

 

shall have effect with any necessary modifications and, in particular—

 

           (a)           the provisions shall have effect as if a reference to a police force

 

were a reference to the Police Force,

 

           (b)           the provisions shall have effect as if a reference to the chief officer

 

of police of a police force were a reference to the Chief Constable,

 

           (c)           the provisions shall have effect as if a reference to a police authority

 

were a reference to the Authority,

 

           (d)           the provisions shall have effect as if a reference to a constable were

 

a reference to a constable of the Police Force,

 

           (e)           section 45 shall have effect, except in relation to a code which is

 

expressed to apply for the purposes of that section in its application

 

both by virtue of this section and otherwise, as if for subsection (3)

 

there were substituted a requirement to consult the Authority and

 

the Chief Constable, and

 

           (f)           Schedule 4 shall have effect as if a reference to the relevant police

 

area or a police area were a reference to—

 
 
Bill 14153/2

 
 

    (  2  )

 
 

                  (i)                 any place in England or Wales where a constable of the

 

Police Force has powers by virtue of section 30(1)(a) to (f) of

 

this Act, and

 

                  (ii)                for a purpose connected to a railway or to anything

 

occurring on or in relation to a railway, any place in

 

England and Wales.”

Clause 73

2

Page 30, line 40, leave out subsection (4)

Clause 76

3

Page 32, line 24, at end insert—

 

     “( )       The powers exercisable by virtue of section (Exercise of powers by civilians)

 

shall not be exercisable in relation to Scotland.”

 

Clause 82

4

Page 34, line 24, leave out from beginning to end of line 4 on page 35 and insert—

 

“Road Traffic

   
 

Act 1988

   
 

(c. 52)

   
 

Section 6

Power to

In place of subsections (2) to (5) the power to require a

 
  

administer

person to co-operate with a preliminary test shall apply

 
  

preliminary

where—

 
  

tests

 (a)  a constable in uniform reasonably suspects that the

 
   

person is committing an offence under section 77,

 
   

78 or 79,

 
   

 (b)  a constable in uniform reasonably suspects that the

 
   

person has committed an offence under section

 
   

77, 78 or 79 and still has alcohol or a drug in his

 
   

body or is still under the influence of a drug, or

 
   

 (c)  an accident occurs owing to the presence of a ship in a

 
   

public place and a constable reasonably suspects

 
   

that the person was at the time of the accident a

 
   

person to whom section 77, 78 or 79 applied.

 
 

Sections 6A to

Preliminary

In place of sections 6A(2) and (3), 6B(4) and 6C(2), a

 
 

6E

breath test,

preliminary breath test, preliminary impairment test or

 
  

impairment

preliminary drug test may be administered by a

 
  

test, and

constable—

 
  

drug test

 (a)  at or near the place where the requirement to co-operate

 
   

with the test is imposed, or

 
   

 (b)  at a police station specified by the constable.

 
   

In section 6B(3) a reference to unfitness to drive shall be

 
   

treated as a reference to having an impaired ability,

 
   

because of drink or drugs, to do anything specified in

 
   

section 77(2), 78(2) or 79(2).”

 

5

Page 35, line 24, leave out “(and the definition of “drug” shall be disregarded)”


 
 

    (  3  )

 

Clause 95

6

Page 41, leave out lines 20 to 29 and insert—

 

“Road Traffic

   
 

Act 1988

   
 

(c. 52)

   
 

Section 6

Power to

In place of subsections (2) to (5) the power to require a

 
  

administer

person to co-operate with a preliminary test shall apply

 
  

preliminary

where—

 
  

tests

 (a)  a constable in uniform reasonably suspects that the

 
   

person is committing an offence under section 91

 
   

or 92,

 
   

 (b)  a constable in uniform reasonably suspects that the

 
   

person has committed an offence under section 91

 
   

or 92 and still has alcohol or a drug in his body or

 
   

is still under the influence of a drug,

 
   

 (c)  an aircraft is involved in an accident and a constable

 
   

reasonably suspects that the person was

 
   

undertaking an aviation function, or an activity

 
   

ancillary to an aviation function, in relation to the

 
   

aircraft at the time of the accident, or

 
   

 (d)  an aircraft is involved in an accident and a constable

 
   

reasonably suspects that the person has

 
   

undertaken an aviation function, or an activity

 
   

ancillary to an aviation function, in relation to the

 
   

aircraft.

 
 

Sections 6A to

Preliminary

In place of sections 6A(2) and (3), 6B(4) and 6C(2), a

 
 

6E

breath test,

preliminary breath test, preliminary impairment test or

 
  

impairment

preliminary drug test may be administered by a

 
  

test, and

constable—

 
  

drug test

 (a)  at or near the place where the requirement to co-operate

 
   

with the test is imposed, or

 
   

 (b)  at a police station specified by the constable.

 
   

In section 6B(3) a reference to unfitness to drive shall be

 
   

treated as a reference to having an impaired ability,

 
   

because of drink or drugs, to perform an aviation function

 
   

or to carry out an activity which is ancillary to an aviation

 
   

function.”

 

7

Page 42, line 20, leave out “(and the definition of “drug” shall be disregarded)”

Clause 104

8

Page 47, line 4, at end insert—

 

     “( )       In section 82 of that Act (general provisions)—

 

           (a)           in subsection (3)(b) after “which” insert “(unless subsection (4)

 

applies)”, and

 

           (b)           after subsection (3) insert—

 

                  “(4)                    The first regulations under section 43A(1) shall not be made

 

unless a draft has been laid before and approved by

 

resolution of each House of Parliament.””

After Clause 105

9

Insert the following new Clause—


 
 

    (  4  )

 
 

“Road traffic: testing for drink and drugs

 

Schedule (Road traffic: testing for drink and drugs) shall have effect.”

After Clause 107

10

Insert the following new Clause—

 

“The National Trails

 

     (1)    In the interest of public health and safety, subsections (2) to (4) shall have

 

effect.

 

     (2)    The Secretary of State shall within one year from the coming into force of

 

this enactment make a permanent Traffic Regulation Order to prohibit the

 

use of non-essential mechanically propelled vehicles on the National Trails.

 

     (3)    Non-essential mechanically propelled vehicles shall mean all such vehicles

 

but shall not include those driven by individuals with an estate or interest

 

in land adjoining the Trail or their lawful visitors or emergency vehicles.

 

     (4)    A Traffic Regulation Order shall mean an order as defined in the Road

 

Traffic Regulation Act 1984 (c. 27) and as subsequently amended.”

 

After Schedule 6

11

Insert the following new Schedule—

 

“Road Traffic: Testing for Drink and Drugs

 

  1        For section 6 of the Road Traffic Act 1988 (c. 52) (testing for drink or

 

drugs) substitute—

 

       “6            Power to administer preliminary tests

 

              (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


 
 

    (  5  )

 
 

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.

 

       6A            Preliminary breath test

 

              (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


 
 

    (  6  )

 
 

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.

 

       6B            Preliminary impairment test

 

              (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—


 
 

    (  7  )

 
 

                    (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.

 

       6C            Preliminary drug test

 

              (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.

 

              (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.

 

       6D            Arrest

 

              (1)             A constable may arrest a person without warrant if as a result of

 

a preliminary breath test the constable reasonably suspects that

 

the proportion of alcohol in the person’s breath or blood exceeds

 

the prescribed limit.

 

              (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.

 

              (3)             A person may not be arrested under this section while at a

 

hospital as a patient.

 

       6E            Power of entry

 

              (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


 
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