Road Safety Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Road Safety Bill

Road Safety Bill
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90F
Financial penalty deposits: interpretation
In sections 90A to 90D of this Act—
“the appropriate amount” has the meaning given by section 90B(2)
of this Act,
“the appropriate refund” has the meaning given by section
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90C(12) of this Act,
“conditional offer” means a notice under section 75(3)(a) of this
Act,
“financial penalty deposit requirement” has the meaning given by
section 90B(1) of this Act,
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“fixed penalty notice” has the meaning given by section 52 of this
Act,
“fixed penalty offence” is to be construed in accordance with
section 51 of this Act,
“the prosecution period” has the meaning given by section 90C(8)
15
of this Act,
“the relevant period” has the meaning given by section 90B(3) of
this Act,
“suspended enforcement period” is to be construed in accordance
with section 52(3)(a) of this Act, and
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“vehicle examiner” means an examiner appointed under section
66A of the Road Traffic Act 1988.”
(2)
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
(prosecution and punishment of offences: offences under the Traffic Acts),
after the entry relating to section 67 of that Act insert—
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“Section 90D(6)
Driving, etc.,
Summarily.
Level 5 on

            ”

of this Act
vehicle in

the standard

contravention of

scale.

prohibition for

failure to pay

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financial penalty

deposit, etc.

Drink-driving etc.
11
Power to require specimens of breath at roadside or at hospital etc.
(1)
Section 6D of the Road Traffic Act 1988 (c. 52) (preliminary tests for drink and
35
drugs: arrest) is amended as follows.
(2)
After subsection (1) insert—
“(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
40
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.”

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(3)
After subsection (2) insert—
“(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.”
5
(4)
Section 7 of that Act (provisions of specimens for analysis) is amended as
follows.
(5)
For subsection (2) substitute—
“(2)
A requirement under this section to provide specimens of breath can
only be made—
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(a)
at a police station,
(b)
at a hospital, or
(c)
at or near a place where a relevant breath test has been
administered to the person concerned or would have been so
administered but for his failure to co-operate with it.
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(2A)
For the purposes of this section “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.
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(2B)
A requirement under this section to provide specimens of breath may
not be made at or near a place mentioned in subsection (2)(c) above
unless the constable making it—
(a)
is in uniform, or
(b)
has imposed a requirement on the person concerned to co-
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operate with a relevant breath test in circumstances in which
section 6(5) of this Act applies.
(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
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requirement under this section.
(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
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(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
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breath of the person concerned.”
(6)
In subsection (3) (circumstances in which requirement to provide a specimen
of blood or urine may be made)—
(a)
in paragraph (b) (breath-testing device not available etc.), insert at the
beginning “specimens of breath have not been provided elsewhere
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and”, and

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(b)
in paragraph (bb) (police station breath-testing device has not provided
a reliable indication of alcohol level), for “at the police station”
substitute “(at the police station or elsewhere)”.
(7)
In section 8 of that Act (choice of specimens of breath), after subsection (2)
insert—
5
“(2A)
If the person who makes a claim under subsection (2) above was
required to provide specimens of breath under section 7 of this Act at
or near a place mentioned in subsection (2)(c) of that section, a
constable may arrest him without warrant.”
(8)
In section 9(1) of that Act (protection for hospital patients), for “for a laboratory
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test” substitute “under section 7 of this Act”.
(9)
Section 10 of that Act (detention of persons affected by alcohol or a drug) is
amended as follows.
(10)
In subsection (1) (detention at police station), after “police station” insert “(or,
if the specimen was provided otherwise than at a police station, arrested and
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taken to and detained at a police station)”.
(11)
In subsection (2) (grounds for detention), for “A person shall not be detained
in pursuance of this section” substitute “Subsection (1) above does not apply to
a person”.
(12)
After that subsection insert—
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“(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.”
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High risk offenders: medical enquiries following disqualification
(1)
In section 88 of the Road Traffic Act 1988 (c. 52) (exceptions to requirement to
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hold driving licence), after subsection (2) insert—
“(2A)
Subsection (1) above does not apply by virtue of an application
mentioned in paragraph (b) of that subsection having been received by
the Secretary of State if—
(a)
the application was made as a result of, or in anticipation of, the
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expiry of a disqualification relevant to the licence applied for,
(b)
either the nature of the disqualification or its imposition within
a particular period after an earlier disqualification amounted to
circumstances prescribed under subsection (4) of section 94 of
this Act (disqualification: high risk offenders), and
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(c)
the Secretary of State has notified the applicant that, because of
that, he will be subject to a requirement under paragraph (a) or
(b) of subsection (5) of that section.”
(2)
The amendment made by subsection (1) does not apply where the conviction
in respect of which the disqualification was ordered was imposed before the
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coming into force of that subsection.
13
Period of endorsement for failure to allow specimen to be tested
In section 45(7) of the Road Traffic Offenders Act 1988 (c. 53) (effect of

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endorsement: period for which effective), after paragraph (b) insert “or
(c)
under section 7A(6) of that Act (failing to allow a specimen to be
subjected to laboratory test),”.
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Alcohol ignition interlocks
(1)
In the Road Traffic Offenders Act 1988 (c. 53), after section 34C insert—
5
“34D
Reduced disqualification period: alcohol ignition interlock
programme orders
(1)
This section applies where—
(a)
a person is convicted of a relevant drink offence by or before a
court,
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(b)
he has committed another relevant drink offence at any time
during the period of ten years ending with the date of the
conviction,
(c)
the court makes an order under section 34 of this Act but does
not make an order under section 34A of this Act, and
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(d)
the period stated by the court as that for which, apart from this
section, he would be disqualified (“the unreduced period”) is
not less than two years.
(2)
In this section “relevant drink offence” means—
(a)
an offence under paragraph (a) of subsection (1) of section 3A of
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the Road Traffic Act 1988 (causing death by careless driving
when unfit to drive through drink) committed when unfit to
drive through drink,
(b)
an offence under paragraph (b) of that subsection (causing
death by careless driving with excess alcohol),
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(c)
an offence under paragraph (c) of that subsection (failing to
provide a specimen) where the specimen is required in
connection with drink or consumption of alcohol,
(d)
an offence under section 4 of that Act (driving or being in charge
when under influence of drink) committed by reason of
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unfitness through drink,
(e)
an offence under section 5(1) of that Act (driving or being in
charge with excess alcohol),
(f)
an offence under section 7(6) of that Act (failing to provide a
specimen) committed in the course of an investigation into an
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offence within any of the preceding paragraphs, or
(g)
an offence under section 7A(6) of that Act (failing to allow a
specimen to be subjected to a laboratory test) in the course of an
investigation into an offence within any of the preceding
paragraphs.
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(3)
Where this section applies, the court may specify a lesser period of
disqualification (“the reduced period”) if it also makes an order (an
“alcohol ignition interlock programme order”) requiring the offender to
comply with the alcohol ignition interlock conditions.
(4)
The difference between the unreduced period and the reduced period
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shall be a period specified in the order of—
(a)
not less than 12 months, and

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(b)
not more than one half of the unreduced period.
(5)
If the offender contravenes the alcohol ignition interlock conditions, a
further order under section 34 disqualifying him for the rest of the
unreduced period is to be treated as having been made by the court
immediately before the contravention.
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(6)
“The alcohol ignition interlock conditions” are that the offender—
(a)
must participate fully in an approved alcohol ignition interlock
programme specified in the order during such part of the
unreduced period as is so specified, and
(b)
during the part of that period following the reduced period,
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must not drive a motor vehicle unless it is fitted with an alcohol
ignition interlock in good working order and must not drive a
motor vehicle which is so fitted when not using the alcohol
ignition interlock properly.
(7)
A court may not make an alcohol ignition interlock programme order
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in the case of an offender unless—
(a)
the court is satisfied that a place on the approved alcohol
ignition interlock programme specified in the order will be
available for the offender,
(b)
the offender appears to the court to be of or over the age of 17,
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(c)
the court has informed the offender (orally or in writing and in
ordinary language) of the effect of the order and of the fees
which he is required to pay for the programme and when he
must pay them, and
(d)
the offender has agreed that the order should be made.
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(8)
For the purposes of this section an “approved alcohol ignition interlock
programme” is a programme approved by the Secretary of State and
involving the provision of an alcohol ignition interlock for use by the
offender, training in its use and other education and counselling
relating to the consumption of alcohol and driving.
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(9)
For the purposes of this section “alcohol ignition interlock” means a
device—
(a)
of a type approved by the Secretary of State, and
(b)
designed to be fitted to a motor vehicle with the purpose of
preventing the driving of the vehicle by a person who does not,
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both before starting driving the vehicle and at regular intervals
while driving it, provide specimens of breath in which the
proportion of alcohol is likely not to exceed the limit specified
in subsection (10) below.
(10)
That limit is 9 microgrammes of alcohol in 100 millilitres of breath or
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such other proportion of alcohol to breath as the Secretary of State may
by regulations prescribe.
(11)
For the purposes of this section an offender uses an alcohol ignition
interlock properly if (and only if) he is complying with all the
instructions given to him about its use as part of the approved alcohol
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ignition interlock programme.
(12)
If a person interferes with an alcohol ignition interlock fitted to a motor
vehicle as part of an alcohol ignition interlock programme with intent

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to cause it not to function or not to function properly, he commits an
offence.
34E
Certificates of failing fully to participate
(1)
An offender shall be regarded for the purposes of section 34D of this
Act as not fully participating in an approved alcohol ignition interlock
5
programme if (and only if) a certificate that that is so is received by the
proper officer of the supervising court.
(2)
A certificate under subsection (1) above may be given if (and only if) the
offender has failed—
(a)
to make due payment of fees for the programme,
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(b)
to attend for training, education or counselling forming part of
the programme in accordance with the programme provider’s
reasonable instructions,
(c)
to attend at a place specified by the programme provider for the
monitoring and maintenance of the alcohol ignition interlock, at
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a time specified by the programme provider or a person with
whom the programme provider has made arrangements for its
monitoring and maintenance, or
(d)
to comply with any other reasonable requirement of the
programme provider.
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(3)
A certificate under subsection (1) above is to be given by the
programme provider and shall be in such form, and contain such
particulars, as may be prescribed by, or determined in accordance with,
regulations made by the appropriate national authority.
(4)
Where a programme provider decides to give a certificate under
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subsection (1) above, he shall give written notice of the decision to the
offender as soon as possible.
(5)
An offender to whom a notice is given under subsection (4) above may,
within such period as may be prescribed by rules of court, apply to the
supervising court, or (if the supervising court is not the Crown Court,
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the High Court of Justiciary or the relevant local court) to either the
supervising court or the relevant local court, for a declaration that the
programme provider has given the certificate under subsection (1)
above in contravention of subsection (2) above.
(6)
If the court grants the application, section 34D of this Act shall have
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effect as if the certificate had not been duly received by the proper
officer of the supervising court.
(7)
A notice under subsection (4) above shall specify the ground on which
it is given; and the appropriate national authority may by regulations
make provision as to the form of notices under that subsection and as
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to the circumstances in which they are to be treated as given.
(8)
Where the proper office of a court receives a certificate under
subsection (1) above, or a court grants an application under subsection
(5) above, the proper officer or court must send notice of that fact to the
Secretary of State; and the notice must be sent in such manner and to
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such address, and must contain such particulars, as the Secretary of
State may determine.