Transport Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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After Clause 258
 
  
BY THE EARL ATTLEE
THE LORD BRABAZON OF TARA
THE LORD DIXON-SMITH
 
     Insert the following new Clause--
 
    ("  .--(1)  The Road Traffic Act 1988 is amended as follows.
 
    (2)  After section 6 (breath tests) insert--
 
 Saliva tests.     6A.--(1)  Where a constable in uniform has reasonable cause to suspect--
    (a)  that a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has a drug in his body or has committed a traffic offence whilst the vehicle was in motion, or
    (b)  that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his body and that that person still has a drug in his body, or
    (c)  that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion,
he may, subject to section 9 of this Act, require him to provide a specimen of saliva for a saliva test.

    (2)  If an accident occurs owing to the presence of a motor vehicle on a road or other public place, a constable may, subject to section 9 of this Act, require any person who he has reasonable cause to believe was driving or attempting to drive or in charge of the vehicle at the time of the accident to provide a specimen of saliva for a breath test.

    (3)  A person may be required under subsection (1) or subsection (2) above to provide a specimen either at or near the place where the requirement is made or, if the requirement is made under subsection (2) above and the constable making the requirement thinks fit, at a police station specified by the constable.

    (4)  A person who, without reasonable excuse, fails to provide a specimen of saliva when required to do so in pursuance of this section is guilty of an offence.

    (5)  A constable may arrest a person without warrant if--

    (a)  as a result of a saliva test he has reasonable cause to suspect that that person has committed an offence under section 4 of this Act, or
    (b)  that person has failed to provide a specimen of saliva for a saliva test when required to do so in pursuance of this section and the constable has reasonable cause to suspect that he has a drug in his body,
but a person shall not be arrested by virtue of this subsection when he is at a hospital as a patient or the drugs have been prescribed by a medical practitioner.

    (6)  A constable may, for the purpose of requiring a person to provide a specimen of saliva under subsection (2) above in a case where he has reasonable cause to suspect that the accident involved injury to another person or of arresting him in such a case under subsection (5) above, enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.

    (7)  Subsection (6) above does not extend to Scotland, and nothing in that subsection shall affect any rule of law in Scotland concerning the right of a constable to enter any premises for any purpose.

    (8)  In this section "traffic offence" means an offence under--

 
 
        (a)  any provision of Part II of the Public Passenger Vehicles Act 1981,
1981 c. 14.
 
        (b)  any provision of the Road Traffic Regulation Act 1984,
1984 c. 27.
 
        (c)  any provision of the Road Traffic Offenders Act 1988 except Part III, or
1988 c. 53.
 
        (d)  any provision of this Act except Part V."")
 
  
Schedule 30
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 343, line 43, at end insert-- 
 ("(1) DRIVER TRAINING AND DRIVING INSTRUCTORs 
 
Chapter
Short title
Extent of repeal
1988 c. 52.Road Traffic Act 1988.Section 89(2A) and (5A).
In section 97--
    in subsection (3), paragraph (e) and the word "and" before it, and
    subsections (3A) and (3B).
    In section 98(3), paragraph (c) and the word "or" before it.
    In section 108(1), the definitions of "approved training course for motor cyclists" and "prescribed certificate of completion".
    In section 130--
    in subsection (3), the words "under this section", and
    in subsection (5), the words "granted under this section".
    Section 131(5).
    Schedule 3.
1989 c. 22.Road Traffic (Driver Licensing and Information Systems) Act 1989.Section 6.
In Schedule 3--
    in paragraph 11(c), sub-paragraph (ii) and the word "and" before it,
    in paragraph 15, sub-paragraph (g) and the word "and" before it, and
    in paragraph 18, sub-paragraphs (b) and (d).
 
 (2) OTHER PROVISIONS") 
     Page 344, line 16, at end insert-- 
 
("1991 c. 22.New Roads and Street Works Act 1991.In section 74(4), the words "if he does so".")
 
  
Clause 266
 
  
BY THE LORD MACDONALD OF TRADESTON
 
     Page 166, line 29, after ("sections") insert ("(Charges for whole duration of works) and (Charges where works unreasonably prolonged),") 
     Page 166, line 29, leave out ("relating to Part V") and insert ("in Part V(2) of Schedule 30") 
     Page 166, line 31, after ("IV,") insert ("sections (Compulsory driver training courses) to (Training and instructors: minor and consequential amendments) (and Schedule (Driver training and driving instructors: minor and consequential amendments)),") 
     Page 166, line 32, after ("257") insert (", and Part V(1) of Schedule 30,") 
 
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