Article 17CA Breath testing at authorised check-pointsF1
A constable who is on duty at a check-point may require—
a person driving a motor vehicle stopped at the check-point, and
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.
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.
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.
Authorisation under paragraph (3) must be in writing and specify—
the public place where the check-point concerned is to be located, and
the day (or days) on which, and the hours between which, it may be operated.
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.
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.
Annotations
Textual amendments
- F1
Art. 17CA inserted (25.11.2016) by Road Traffic (Amendment) Act (Northern Ireland) 2016 (c. 11), ss. 3(1), 26(1); S.R. 2016/399, art. 2, Sch.