SCHEDULES

SCHEDULE 11Enforcement of transport legislation

PART 1Drink and drug driving offences

Removal of “statutory option” to have breath specimen replaced: road and rail transport

I11

1

In section 8 of the Road Traffic Act 1988 (choice of specimens of breath), omit subsections (2), (2A), (3) and (4).

2

The amendments in sub-paragraphs (3) to (5) are made in consequence of sub-paragraph (1).

3

In the Road Traffic Act 1988—

a

for the heading of section 8 substitute “ Breath specimen showing higher alcohol level to be disregarded ”;

b

in section 8(1), omit “Subject to subsection (2) below,”;

c

in section 195(3), omit “8(3),”;

d

in section 195(4), omit “8(3),”;

e

in section 195(4A), omit “8(3) or”.

4

In the Serious Organised Crime and Police Act 2005, omit section 154(7).

5

In the Scotland Act 2012, omit section 20(2) to (4).

I22

1

In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of railways etc: offences involving drink or drugs), in section 32 (choice of specimens of breath), omit subsections (2) to (4).

2

In consequence of sub-paragraph (1), for the heading of that section substitute “ Breath specimen showing higher alcohol level to be disregarded ”.