Road Traffic Act 1988

Provision 1· legislation, road-traffic-act, rta-1988

Road Traffic Act 1988 1988 c. 52 An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission. [15th November 1988] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part I Principal Road Safety Provisions Driving offences Causing death by dangerous driving. 1 A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence. Causing serious injury by dangerous driving 1A 1 A person who causes serious injury to another [...]

Provision 2· legislation, road-traffic-act, rta-1988

on— a is driving for police purposes (subject to subsections (1E) and (1F)), and b has undertaken prescribed training. 1B For the purposes of sections 1, 1A and 2 above, the designated person is to be regarded as driving dangerously if (and, subject to subsection (2) below, only if)— a the way the person drives falls far below what would be expected of a competent and careful constable who has undertaken the same prescribed training, and b it would be obvious to such a competent and careful constable that driving in that way would be dangerous. 1C In subsections (1A) and (1B) “ designated person ” means— a a constable, b a member of staff appointed by the chief officer of police of a police force in England and Wales, c a member of staff appointed by a local policing body and employed to a [...]

Provision 3· legislation, road-traffic-act, rta-1988

rson to carry out training of the kind mentioned in sub-paragraph (i). 1D In subsection (1C)(a) “ constable ” does not include a port constable within the meaning of section 7 of the Marine Navigation Act 2013 or a person appointed to act as a constable under provision made by virtue of section 16 of the Harbours Act 1964. 1E In the case of a National Crime Agency officer, the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for law enforcement purposes. 1F In the case of a person within paragraph (i) of subsection (1C), the reference in subsection (1A)(a) to driving for police purposes is to be read as a reference to driving for the purpose of the training mentioned in that paragraph. 2 A person is also to be regarded as driving danger [...]

Provision 4· legislation, road-traffic-act, rta-1988

a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence. Causing serious injury by careless, or inconsiderate, driving 2C 1 A person who causes serious injury to another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence. 2 In this section “serious injury” means— a in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and b in Scotland, severe physical injury. Careless, and inconsiderate, driving. 3 If [...]

Provision 5· legislation, road-traffic-act, rta-1988

the same prescribed training. 2C In subsections (2A) and (2B) “ designated person ” means— a a constable, b a member of staff appointed by the chief officer of police of a police force in England and Wales, c a member of staff appointed by a local policing body and employed to assist a police force in England and Wales, d a member of staff appointed by the Scottish Police Authority under section 26(1) of the Police and Fire Reform (Scotland) Act 2012 (asp 8) , e an employee of the British Transport Police Authority appointed under section 27 of the Railways and Transport Safety Act 2003, f a person employed or engaged by— i a chief officer of police, ii the British Transport Police Authority, iii the Civil Nuclear Police Authority, iv the chief constable for the Ministry of Defence Police, [...]

Provision 6· legislation, road-traffic-act, rta-1988

the case of a person within paragraph (i) of subsection (2C), the reference in subsection (2A)(a) to driving for police purposes is to be read as a reference to driving for the purpose of the training mentioned in that paragraph. 3 In determining for the purposes of subsection (2) or (2B) above what would be expected of a careful and competent driver or constable (as the case may be) in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused. 4 A person is to be regarded as driving without reasonable consideration for other persons only if those persons are inconvenienced by his driving. Causing death by driving: unlicensed ... or uninsured drivers 3ZB [...]

Provision 7· legislation, road-traffic-act, rta-1988

ile disqualified). 2 In this section “ serious injury ” means— a in England and Wales, physical harm which amounts to grievous bodily harm for the purposes of the Offences against the Person Act 1861, and b in Scotland, severe physical injury. Causing death by careless driving when under influence of drink or drugs. 3A 1 If a person causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, and— a he is, at the time when he is driving, unfit to drive through drink or drugs, or b he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit, or ba he has in his b [...]

Provision 8· legislation, road-traffic-act, rta-1988

d vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence. 2 Without prejudice to subsection (1) above, a person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence. 3 For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a mechanically propelled vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs. 4 The court may, in determining whether there was such a likelihood as is mentioned in subsection (3) above, disregard any injury to him and any damage to the vehicl [...]

Provision 9· legislation, road-traffic-act, rta-1988

guilty of an offence. 2 It is a defence for a person charged with an offence under subsection (1)(b) above to prove that at the time he is alleged to have committed the offence the circumstances were such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol in his breath, blood or urine remained likely to exceed the prescribed limit. 3 The court may, in determining whether there was such a likelihood as is mentioned in subsection (2) above, disregard any injury to him and any damage to the vehicle. Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit 5A 1 This section applies where a person (“D”)— a drives or attempts to drive a motor vehicle on a road or other public place, or b is in charge [...]

Provision 10· legislation, road-traffic-act, rta-1988

g provisions). 4 The defence in subsection (3) is not available if D's actions were— a contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or b contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug. 5 If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not. 6 It is a defence for a person (“D”) charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to [...]

Provision 11· legislation, road-traffic-act, rta-1988

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 veh [...]

Provision 12· legislation, road-traffic-act, rta-1988

nders 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. Preliminary breath test 6A 1 A preliminary breath test is a procedure whereby the person to whom the 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 by the Secretary of State, an indication whether the proportion of alcohol in the person’s breath or blood is likely to exceed the prescribed limit. 2 A preliminary breath test administered in reliance on section 6(2) to (4) may be administered only at or near the place where the requirement to co-operate with the test is imposed. 3 A preliminary breath test administered in reliance on section 6(5) may be administered— a at or near the plac [...]

Provision 13· legislation, road-traffic-act, rta-1988

In issuing or revising the code of practice the Secretary of State shall aim to ensure that a preliminary impairment test is designed to indicate— a whether a person is unfit to drive, and b if he is, whether or not his unfitness is likely to be due to drink or drugs. 4 A preliminary impairment test may be administered— a at or near the place where the requirement to co-operate with the test is imposed, or b if the constable who imposes the requirement thinks it expedient, at a police station specified by him. 5 A constable administering a preliminary impairment test shall have regard to the code of practice under this section. 6 A constable may administer a preliminary impairment test only if he is approved for that purpose by the chief officer of the police force to which he belongs. 7 A [...]

Provision 14· legislation, road-traffic-act, rta-1988

t expedient, at a police station specified by him. 3 Up to three preliminary drug tests may be administered. Arrest 6D 1 A constable may arrest a person without warrant if as a result of a preliminary breath test or preliminary drug test the constable reasonably suspects that— a the proportion of alcohol in the person's breath or blood exceeds the prescribed limit, or b the person has a specified controlled drug in his body and the proportion of it in the person's blood or urine exceeds the specified limit for that drug. 1A The fact that specimens of breath have been provided under section 7 of this Act by the person concerned does not prevent subsection (1) above having effect if the constable who imposed on him the requirement to provide the specimens has reasonable cause to believe that [...]

Provision 15· legislation, road-traffic-act, rta-1988

is section while at a hospital as a patient. Power of entry 6E 1 A constable may enter any place (using reasonable force if necessary) for the purpose of— a imposing a requirement by virtue of section 6(5) following an accident in a case where the constable reasonably suspects that the accident involved injury of any person, or b arresting a person under section 6D following an accident in a case where the constable reasonably suspects that the accident involved injury of any person. 2 This section— a does not extend to Scotland, and b is without prejudice to any rule of law or enactment about the right of a constable in Scotland to enter any place. Provision of specimens for analysis. 7 1 In the course of an investigation into whether a person has committed an offence under section 3A, 4 [...]

Provision 16· legislation, road-traffic-act, rta-1988

. . . . . . . 2C Where a constable has imposed a requirement on the person concerned to co-operate with a relevant breath test at any place, he is entitled to remain at or near that place in order to impose on him there a requirement under this section. 2CA For the purposes of subsection (2C) “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit. 2D If a requirement under subsection (1)(a) above has been made at a place other than at a police station, such a requirement may subsequently be made at a police station if (but only if)— a a device or a reliable device of the type mentione [...]

Provision 17· legislation, road-traffic-act, rta-1988

r bb a device of the type mentioned in subsection (1)(a) above has been used (at the police station or elsewhere) but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned, or bc as a result of the administration of a preliminary drug test, the constable making the requirement has reasonable cause to believe that the person required to provide a specimen of blood or urine has a drug in his body, or c the suspected offence is one under section 3A , 4 or 5A of this Act and the constable making the requirement has been advised by a medical practitioner or a registered health care professional that the condition of the person required to provide [...]

Provision 18· legislation, road-traffic-act, rta-1988

a medical practitioner; and, where by virtue of this subsection there can be no requirement to provide a specimen of blood, the constable may require a specimen of urine instead. 5 A specimen of urine shall be provided within one hour of the requirement for its provision being made and after the provision of a previous specimen of urine. 5A A constable may arrest a person without warrant if— a the person fails to provide a specimen of breath when required to do so in pursuance of this section, and b the constable reasonably suspects that the person has alcohol in his body. 6 A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence. 7 A constable must, on requiring any person to provide a specimen in pur [...]

Provision 19· legislation, road-traffic-act, rta-1988

that constable that that person’s incapacity is attributable to medical reasons. 2 A request under this section— a shall not be made to a medical or health care practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and b shall not be made to a practitioner other than a police medical or health care practitioner unless— i it is not reasonably practicable for the request to be made to a police medical or health care practitioner ; or ii it is not reasonably practicable for such a ... practitioner (assuming him to be willing to do so) to take the specimen. 3 It shall be lawful for a medical or health care practitioner to whom a request is made under this section, if he thinks fit— a to take a specimen of blood from t [...]

Provision 20· legislation, road-traffic-act, rta-1988

medical or health care practitioner ” means a medical practitioner, or a registered health care professional, who is engaged under any agreement to provide medical or health care services for purposes connected with the activities of a police force. Breath specimen showing higher alcohol level to be disregarded. 8 1 ... of any two specimens of breath provided by any person in pursuance of section 7 of this Act that with the lower proportion of alcohol in the breath shall be used and the other shall be disregarded. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Protection for [...]

Provision 21· legislation, road-traffic-act, rta-1988

he ground specified in subsection (2). 2 The ground on which the medical practitioner may object is— a in a case falling within subsection (1), that the requirement or the provision of the specimen or (if one is required) the warning required by section 7(7) of this Act would be prejudicial to the proper care and treatment of the patient; and b in a case falling within subsection (1A), that the taking of the specimen, the requirement or the warning required by section 7A(5) of this Act would be so prejudicial. Detention of persons affected by alcohol or a drug. 10 1 Subject to subsections (2) and (3) below, a person required under section 7 or 7A to provide a specimen of breath, blood or urine may afterwards be detained at a police station (or, if the specimen was provided otherwise than a [...]

Provision 22· legislation, road-traffic-act, rta-1988

constable must consult a medical practitioner on any question arising under this section whether a person’s ability to drive properly is or might be impaired through drugs and must act on the medical practitioner’s advice. Interpretation of sections 4 to 10. 11 1 The following provisions apply for the interpretation of sections 3A to 10 of this Act. 2 In those sections— . . . “ controlled drug ” has the meaning given by section 2 of the Misuse of Drugs Act 1971, “ drug ” includes any intoxicant other than alcohol, “ fail ” includes refuse, “ hospital ” means an institution which provides medical or surgical treatment for in-patients or out-patients, “ the prescribed limit ” means, as the case may require— 35 microgrammes of alcohol in 100 millilitres of breath, 80 milligrammes of alcohol i [...]

Provision 23· legislation, road-traffic-act, rta-1988

2B An order under subsection (2) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament. 3 A person does not co-operate with a preliminary test or provide a specimen of breath for analysis unless his co-operation or the specimen — a is sufficient to enable the test or the analysis to be carried out, and b is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved. 4 A person provides a specimen of blood if and only if— a he consents to the taking of such a specimen from him; and b the specimen is taken from him ... either by a medical practitioner or by a registered health care professional. Motor racing on public ways Motor racing on pu [...]

Provision 24· legislation, road-traffic-act, rta-1988

or sport governing body (see sections 12B to 12D). 3 The effect of a motor race order is set out in section 12E. Permission to apply for motor race order 12B 1 A person who wishes to promote a race or trial of speed between motor vehicles on a highway in England and Wales may apply for a permit to a motor sport governing body authorised by regulations made by the appropriate national authority to issue permits in respect of a race or trial of speed of that kind. 2 Before issuing a permit, the motor sport governing body must consult— a the highway authority for each area in which the event is to take place or which is otherwise likely to be significantly affected by the event, b the local authority for each such area, c the police authority for each such area, d in the case of an event that [...]

Provision 25· legislation, road-traffic-act, rta-1988

g body of drivers participating in the event; c arrangements for the approval by the motor sport governing body of vehicles to be used in the course of the event; d arrangements made or to be made for insurance in connection with the event. 5 A permit may set out conditions that the motor sport governing body thinks should be included in any motor race order made in relation to the event. 6 The appropriate national authority must by regulations list motor sport governing bodies that are authorised to issue permits for the purposes of this section. 7 The regulations may specify the kinds of races or trials of speed between motor vehicles on a highway in respect of which each listed governing body may issue permits. 8 The regulations may provide that a listed motor sport governing body cease [...]