{
  "url": "https://openlegislation.uk/transport-and-works-act-1992-commencement-no-2-order-1992/note",
  "json_url": "https://openlegislation.uk/transport-and-works-act-1992-commencement-no-2-order-1992/note.json",
  "legislation": "uksi/1992/2043",
  "legislation_title": "The Transport and Works Act 1992 (Commencement No. 2) Order 1992",
  "legislation_url": "https://openlegislation.uk/transport-and-works-act-1992-commencement-no-2-order-1992",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order brings into force Chapter I of Part II of the Transport and Works Act 1992.\nThis Chapter makes it a criminal offence to perform certain functions on specified transport systems when unfit through drink or drugs, or to perform such functions after consuming alcohol in excess of limits which are prescribed in the Chapter.\nThe transport systems concerned are railways, tramways and those using modes of guided transport which have been specified for the purpose by order made by the Secretary of State.\nThe Transport (Guided Systems) Order 1992 (S.I. 1992/2044) has been made in pursuance of this provision.\nThe functions referred to above are those performed by—\n(a) drivers, guards, conductors, signalmen and others who control or affect the movement of vehicles operating on a transport system described above;\n(b) persons who couple or uncouple such vehicles or check that they are working properly;\n(c) persons maintaining the permanent way (or other support or guidance structures), signalling systems and power supply used by such vehicles; and\n(d) supervisor of, or look-outs for, persons engaged in the functions mentioned in categories (b) and (c) above.\nIt is immaterial whether these functions are carried out in the course of employment, under a contract for services, voluntarily or otherwise.\nIf an offence is committed by a person in any of the categories mentioned above, then unless he has exercised proper diligence the operator of the transport system is also guilty of the offence.\nIf there is more than one operator, it is the one responsible for the function giving rise to the offence who is liable.\nIf the person committing the original offence is not employed by the operator, then his employer may additionally be liable.\nFurthermore in the event of such operator or employer being a company or other corporate body, the directors, managers and similar officers of the company or other body are also guilty of the offence if it has been committed as a result of their consent, connivance or neglect.\nAll these offences attract the same penalty: imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.\nThe consent of the Secretary of State or of the Director of Public Prosecutions is needed before proceedings for an offence may be instituted in England and Wales.\nOther provisions introduce measures to enforce and supplement these requirements.\nThese include obligations to provide specimens of breath, blood or urine when required to do so by a constable, the equipment and procedures for so doing, the use of such specimens in evidence, powers of arrest and entry, and the protection of hospital patients.\nThe alcohol limits prescribed are the same as those for road traffic.\nThere is power to alter the limits by regulation, subject to Parliamentary approval.\nProvision is also made for the insertion of a new section in the Road Traffic Act 1988 (c. 52) so as to remove tramcars and (unless regulations provide to the contrary) other guided vehicles from the scope of sections 4 to 11 of that Act (drink and drugs) consequent on the bringing into force of Chapter I by this Order.\nThere is also a consequential repeal of a corresponding provision in section 17 of the Railway Regulation Act 1842.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1992/2043/note",
    "retrieved_at": "2026-10-29T14:17:00.231321+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."
}