{
  "url": "https://openlegislation.uk/railways-and-transport-safety-act-2003/section-96",
  "json_url": "https://openlegislation.uk/railways-and-transport-safety-act-2003/section-96.json",
  "legislation": "ukpga/2003/20",
  "legislation_title": "Railways and Transport Safety Act 2003",
  "legislation_url": "https://openlegislation.uk/railways-and-transport-safety-act-2003",
  "path": "section/96",
  "kind": "section",
  "number": "96",
  "heading": "Specimens, &c.",
  "text": "(1) The provisions specified in the first column of the table below, with the modifications specified in the third column and any other necessary modifications, shall have effect in relation to an offence under this Part.\n(1A) The references in the table to provisions of the Road Traffic Act 1988 or the Road Traffic Offenders Act 1988 are, subject to any contrary intention expressed in this Part or in any other enactment, references to those provisions as amended from time to time.\nProvision\nDescription\nModification\nRoad Traffic Act 1988 (c. 52)\nSection 6\nPower to administer preliminary tests\nIn place of subsections (2) to (5) the power to require a person to co-operate with a preliminary test shall apply where—\n(a)a constable in uniform reasonably suspects that the person is committing an offence under section 92 or 93,\n(b)a constable in uniform reasonably suspects that the person has committed an offence under section 92 or 93 and still has alcohol or a drug in his body or is still under the influence of a drug,\n(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\n(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.\nSections 6A to 6E\nPreliminary breath test, impairment test, and drug test\nIn place of sections 6A(2) and (3), 6B(4) and 6C(2), a preliminary breath test, preliminary impairment test or preliminary drug test may be administered by a constable—\n(a)at or near the place where the requirement to co-operate with the test is imposed, or\n(b)at a police station specified by the constable.\nIn 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.\nIn section 6C, the following shall be disregarded—\n(a)in subsection (1)(b), the words following “in his body”;\n(b)subsection (3).\nIn section 6D, subsection (1)(b) shall be disregarded.\nSection 7\nProvision of specimen\nIn subsection (1) the reference to an offence under section 3A, 4 or 5 of the 1988 Act shall be treated as a reference to an offence under section 92 or 93 of this Act.\nSubsection (1A) shall be disregarded.\nIn subsection (2)(b), the reference to the circumstances in which section 6(5) of the 1988 Act applies shall be treated as a reference to the circumstances in which the following provisions of this table apply: paragraphs (c) and (d) of the modifications specified for section 6 of the 1988 Act.\nIn subsection (3)(c) the reference to an offence under section 3A, 4 or 5A of the 1988 Act shall be treated as a reference to an offence under section 92 of this Act.\nSection 7A\nSpecimen of blood taken from person incapable of consenting\nSection 8\nBreath specimen showing higher alcohol level to be disregarded\n. . .\nSection 9\nProtection for hospital patient\nSection 10\nDetention of person affected by alcohol or drug\nIn subsection (1)—\n(a)the reference to driving or attempting to drive a mechanically propelled vehicle on a road shall be treated as a reference to performing an aviation function of the kind in respect of which the requirement to provide a specimen was imposed, and\n(b)the reference to an offence under section 4, 5 or 5A of the 1988 Act shall be treated as a reference to an offence under section 92 or 93 of this Act.\nIn subsection (2) the reference to driving a mechanically propelled vehicle shall be treated as a reference to performing an aviation function.\nIn subsection (2), paragraph (c) shall be disregarded.\nIn subsection (3) the reference to driving properly shall be treated as a reference to performing an aviation function.\nSection 11\nInterpretation\nFor the definition of “the prescribed limit” there shall be substituted the definition given in this Part.\nRoad Traffic Offenders Act 1988 (c. 53)\nSection 15\nUse of specimens\nIn subsection (1), the reference to an offence under any of sections 3A to 5A of the Road Traffic Act 1988 shall be treated as a reference to an offence under section 92 or 93 of this Act.\nSubsection (2)(b) shall be disregarded.\nThe relevant time for the consumption of alcohol for the purpose of subsection (3)(a) shall be before providing the specimen and after the time of the alleged offence.\nIn subsection (3)(b) the reference to driving shall be treated as a reference to undertaking an aviation function or an activity ancillary to an aviation function.\nSubsection (3A) shall be disregarded.\nSection 16\nDocumentary evidence\n(2) The Secretary of State may by regulations amend the table in subsection (1) so as—\n(a) to add a provision relating to an offence which concerns alcohol or drugs in relation to road traffic;\n(b) to add, remove or amend a modification (whether or not in connection with an amendment of a provision specified in the table).\n(3) For the purpose of the application by subsection (1) of a provision listed in the table in that subsection—\n(a) the provision shall extend to the whole of the United Kingdom, and\n(b) a reference to the provision shall be treated, unless the context otherwise requires, as including a reference to the provision as applied.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "S. 96(1A) inserted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 16(2); S.I. 2015/994, art. 4"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in s. 96 inserted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 16(4); S.I. 2015/994, art. 4"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in s. 96 inserted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 16(5)(a); S.I. 2015/994, art. 4"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in s. 96 substituted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 16(5)(b); S.I. 2015/994, art. 4"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in s. 96 substituted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 16(6)(a); S.I. 2015/994, art. 4"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in s. 96 omitted (10.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 16(6)(b); S.I. 2015/994, art. 4"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in s. 96 substituted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 16(7)(a); S.I. 2015/994, art. 4"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in s. 96 inserted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 16(7)(b); S.I. 2015/994, art. 4"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Words in s. 96 substituted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 16(8)(a); S.I. 2015/994, art. 4"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Words in s. 96 inserted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 16(8)(b); S.I. 2015/994, art. 4"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Words in s. 96 inserted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 16(8)(c); S.I. 2015/994, art. 4"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 96 in force at 29.3.2004 for specified purposes by S.I. 2004/827, art. 2(a)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 96 in force at 30.3.2004 in so far as not already in force by S.I. 2004/827, art. 3(s)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2003/20/section/96",
    "retrieved_at": "2026-10-29T09:18:20.260952+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}