{
  "url": "https://openlegislation.uk/road-traffic-act-1988/section-6",
  "json_url": "https://openlegislation.uk/road-traffic-act-1988/section-6.json",
  "legislation": "ukpga/1988/52",
  "legislation_title": "Road Traffic Act 1988",
  "legislation_url": "https://openlegislation.uk/road-traffic-act-1988",
  "path": "section/6",
  "kind": "section",
  "number": "6",
  "heading": "Power to administer preliminary tests",
  "text": "(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.\n(2) This subsection applies if a constable reasonably suspects that the person—\n(a) is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and\n(b) has alcohol or a drug in his body or is under the influence of a drug.\n(3) This subsection applies if a constable reasonably suspects that the person—\n(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\n(b) still has alcohol or a drug in his body or is still under the influence of a drug.\n(4) This subsection applies if a constable reasonably suspects that the person—\n(a) is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and\n(b) has committed a traffic offence while the vehicle was in motion.\n(5) This subsection applies if—\n(a) an accident occurs owing to the presence of a motor vehicle on a road or other public place, and\n(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.\n(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.\n(7) A constable may administer a preliminary test by virtue of any of subsections (2) to (4) only if he is in uniform.\n(8) In this section—\n(a) a reference to a preliminary test is to any of the tests described in sections 6A to 6C, and\n(b) “traffic offence” means an offence under—\n(i) a provision of Part II of the Public Passenger Vehicles Act 1981 (c. 14),\n(ii) a provision of the Road Traffic Regulation Act 1984 (c. 27),\n(iii) a provision of the Road Traffic Offenders Act 1988 (c. 53) other than a provision of Part III, or\n(iv) a provision of this Act other than a provision of Part V.",
  "extent": "E+W+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "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"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "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"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1988/52/section/6",
    "retrieved_at": "2026-10-29T09:47:34.565959+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."
}