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
”
.