Section 3 Breath testing at authorised check-pointsI1

After Article 17C of the Order of 1995, insert—

“Breath testing at authorised check-points

17CA

(1)

A constable who is on duty at a check-point may require—

(a)

a person driving a motor vehicle stopped at the check-point, and

(b)

any person in charge of such a vehicle,

to co-operate with a check-point breath test administered to the person by the constable or another constable.

(2)

A check-point breath test is a procedure whereby the person to whomthe test is administered provides a specimen of breath to be used for the purpose of obtaining, by means of a device of a type approved for the purpose of administering a preliminary breath test, an indication whether the proportion of alcohol in the person's breath or blood is likely to exceed the prescribed limit.

(3)

The establishment of a check-point for the purposes of this Articlemust be authorised by a member of the Police Service of Northern Ireland, not below the rank of inspector; and a check-point for those purposes may be authorised to be established in any public place.

(4)

Authorisation under paragraph (3) must be in writing and specify—

(a)

the public place where the check-point concerned is to be located, and

(b)

the day (or days) on which, and the hours between which, it may be operated.

(5)

A check-point breath test administered in reliance on this Article maybe administered only at or near the check-point; and a constable may administer such a test by virtue of paragraph (1) only if the constable is in uniform.

(6)

A person commits an offence if without reasonable excuse he fails toco-operate with a check-point breath test in pursuance of a requirement imposed under this Article.”.

In Part 1 of Schedule 1 to the Offenders Order (prosecution and punishment of offences under the Road Traffic Orders), after the entry relating to offences under Article 17 of the Order of 1995 insert—

“

Article 17CA(6)

Failure to co-operate with check-point breath test.

Summarily.

Level 3 on the standard scale.

Discretionary.

Obligatory.

4

”.