SCHEDULES

SCHEDULE 11Enforcement of transport legislation

PART 1Drink and drug driving offences

Removing restriction that evidential breath test must be taken at police station: rail transport

4I1

1

In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of railways etc: offences involving drink or drugs), section 31 (provision of specimens for analysis) is amended as follows.

2

For subsection (2) substitute—

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, or

b

the constable is in uniform.

3

After subsection (7) insert—

7A

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.