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Section 6 Power to administer preliminary testsC1C2F1

England, Wales and Northern Ireland

(1)

If any of subsections (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.

(2)

This subsection applies if a constable reasonably suspects that the person—

(a)

is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and

(b)

has alcohol or a drug in his body or is under the influence of a drug.

(3)

This subsection applies if a constable reasonably suspects that the person—

(a)

has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and

(b)

still has alcohol or a drug in his body or is still under the influence of a drug.

(4)

This subsection applies if a constable reasonably suspects that the person—

(a)

is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and

(b)

has committed a traffic offence while the vehicle was in motion.

(5)

This subsection applies if—

(a)

an accident occurs owing to the presence of a motor vehicle on a road or other public place, and

(b)

a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.

(6)

A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section.

(7)

A constable may administer a preliminary test by virtue of any of subsections (2) to (4) only if he is in uniform.

(8)

In this section—

(a)

a reference to a preliminary test is to any of the tests described in sections 6A to 6C, and

(b)

“traffic offence” means an offence under—

(i)

a provision of Part II of the Public Passenger Vehicles Act 1981 (c. 14),

(ii)

a provision of the Road Traffic Regulation Act 1984 (c. 27),

(iii)

a provision of the Road Traffic Offenders Act 1988 (c. 53) other than a provision of Part III, or

(iv)

a provision of this Act other than a provision of Part V.

Annotations

Textual amendments

F1

Ss. 6-6E substituted (29.3.2004 for certain purposes and 30.3.2004 otherwise) for s. 6 by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 1; S.I. 2004/827, art. 2, 3

Modifications

C1

Ss. 4-11 applied (with modifications) (5.8.2011) by The Road Traffic (Drink and Drugs) (Cambridgeshire Guided Busway) Regulations 2011 (S.I. 2011/1652), regs. 1, 3

C2

S. 6 applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3

Notes on Part I

Modifications

C1

Pt. I modified (E.W.S.) (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27