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Railways and Transport Safety Bill


Railways and Transport Safety Bill
Part 4 — Shipping: Alcohol and Drugs

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     (2)    The power under section 83(3)(c) for the Secretary of State to designate a class

of person includes a power for him to designate—

           (a)           himself, or

           (b)           one or more persons employed in his Department.

     (3)    An order or regulations under this Part shall be made by statutory instrument.

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     (4)    Regulations under this Part shall not be made unless a draft has been laid

before and approved by resolution of each House of Parliament.

     (5)    An order under section 83(3)(c) shall be subject to annulment in pursuance of

a resolution of either House of Parliament.

     (6)    Before making regulations under section 80(2) the Secretary of State shall

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consult such organisations as he thinks fit.

 88    Interpretation

     (1)    In this Part—

           (a)           “ship” includes every description of vessel used in navigation, and

           (b)           a reference to the navigation of a vessel includes a reference to the

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control or direction, or participation in the control or direction, of the

course of a vessel.

     (2)    Section 313 of the Merchant Shipping Act 1995 (c. 21) (interpretation) shall

apply to the following expressions used in this Part—

           (a)           fishing vessel,

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           (b)           foreign ship,

           (c)           harbour authority,

           (d)           master,

           (e)           registered,

           (f)           seaman,

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           (g)           United Kingdom ship, and

           (h)           United Kingdom waters.

     (3)    In this Part “pilot” has the meaning given by section 31(1) of the Pilotage Act

1987 (c. 21) (interpretation).

     (4)    Regulations under section 267(4)(a) of the Merchant Shipping Act 1995 (power

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to define “accident” for the purposes of provisions about marine accident

investigations) shall, so far as is practicable, apply to the word “accident” as

used in relation to this Part.

     (5)    In this Part “drug” includes any intoxicant other than alcohol.

 89    Crown application, &c.

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     (1)    This Part shall not apply to a member of Her Majesty’s naval forces, military

forces or air forces, within the meaning given by section 225(1) of the Army Act

1955 (c. 18), while acting in the course of his duties.

     (2)    Subject to subsection (1), this Part shall apply to a person in the service of the

Crown.

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     (3)    But section 83 shall not have effect in relation to a ship which—

           (a)           is being used for a purpose of Her Majesty’s forces, or

 

 

Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

    39

 

           (b)           forms part of the Royal Fleet Auxiliary Service.

     (4)    This Part shall not apply to—

           (a)           a member of a visiting force, within the meaning which that expression

has in section 3 of the Visiting Forces Act 1952 (c. 67) by virtue of section

12(1) of that Act, while acting in the course of his duties, or

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           (b)           a member of a civilian component of a visiting force, within that

meaning, while acting in the course of his duties.

 90    Territorial application

     (1)    This Part shall have effect in relation to—

           (a)           United Kingdom ships,

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           (b)           foreign ships in United Kingdom waters, and

           (c)           un-registered ships in United Kingdom waters.

     (2)    Section 85 shall not extend to Scotland.

     (3)    Subsection (2) does not affect any rule of law or enactment concerning the right

of a constable in Scotland to board a ship or enter any place for any purpose.

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Part 5

Aviation: Alcohol and Drugs

Offences

 91    Being unfit for duty

     (1)    A person commits an offence if—

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           (a)           he performs an aviation function at a time when his ability to perform

the function is impaired because of drink or drugs, or

           (b)           he carries out an activity which is ancillary to an aviation function at a

time when his ability to perform the function is impaired because of

drink or drugs.

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     (2)    In this section “drug” includes any intoxicant other than alcohol.

     (3)    Section 93 defines “aviation function” and “ancillary activity” for the purposes

of this Part.

 92    Prescribed limit

     (1)    A person commits an offence if—

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           (a)           he performs an aviation function at a time when the proportion of

alcohol in his breath, blood or urine exceeds the prescribed limit, or

           (b)           he carries out an activity which is ancillary to an aviation function at a

time when the proportion of alcohol in his breath, blood or urine

exceeds the prescribed limit.

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     (2)    The prescribed limit of alcohol is (subject to subsection (3))—

           (a)           in the case of breath, 9 microgrammes of alcohol in 100 millilitres,

           (b)           in the case of blood, 20 milligrammes of alcohol in 100 millilitres, and

           (c)           in the case of urine, 27 milligrammes of alcohol in 100 millilitres.

 

 

Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

    40

 

     (3)    In relation to the aviation function specified in section 93(1)(h) the prescribed

limit is—

           (a)           in the case of breath, 35 microgrammes of alcohol in 100 millilitres,

           (b)           in the case of blood, 80 milligrammes of alcohol in 100 millilitres, and

           (c)           in the case of urine, 107 milligrammes of alcohol in 100 millilitres.

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     (4)    The Secretary of State may make regulations amending subsection (2) or (3).

     (5)    Section 93 defines “aviation function” and “ancillary activity” for the purposes

of this Part.

 93    Aviation functions

     (1)    For the purposes of this Part the following (and only the following) are aviation

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functions—

           (a)           acting as a pilot of an aircraft during flight,

           (b)           acting as flight navigator of an aircraft during flight,

           (c)           acting as flight engineer of an aircraft during flight,

           (d)           acting as flight radio-telephony operator of an aircraft during flight,

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           (e)           acting as a member of the cabin crew of an aircraft during flight,

           (f)           attending the flight deck of an aircraft during flight to give or supervise

training, to administer a test, to observe a period of practice or to

monitor or record the gaining of experience,

           (g)           acting as an air traffic controller in pursuance of a licence granted under

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or by virtue of an enactment (other than a licence granted to a student),

and

           (h)           acting as a licensed aircraft maintenance engineer.

     (2)    For the purposes of subsection (1)(h) a person acts as a licensed aircraft

maintenance engineer if—

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           (a)           he issues a document relating to the maintenance, condition or use of

an aircraft or equipment in reliance on a licence granted under or by

virtue of an enactment relating to aviation, or

           (b)           he carries out or supervises work on an aircraft or equipment with a

view to, or in connection with, the issue by him of a document of the

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kind specified in paragraph (a).

     (3)    For the purposes of this Part a reference to an activity which is ancillary to an

aviation function is a reference to anything which falls to be treated as such by

virtue of subsections (4) to (6).

     (4)    An activity shall be treated as ancillary to an aviation function if it is

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undertaken—

           (a)           by a person who has reported for a period of duty in respect of the

function, and

           (b)           as a requirement of, for the purpose of or in connection with the

performance of the function during that period of duty.

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     (5)    A person who in accordance with the terms of an employment or undertaking

holds himself ready to perform an aviation function if called upon shall be

treated as carrying out an activity ancillary to the function.

     (6)    Where a person sets out to perform an aviation function, anything which he

does by way of preparing to perform the function shall be treated as an activity

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ancillary to it.

 

 

Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

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     (7)    For the purposes of this Part it is immaterial whether a person performs a

function or carries out an activity in the course of an employment or trade or

otherwise.

     (8)    The Secretary of State may by regulations—

           (a)           amend this section;

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           (b)           make an amendment of this Part which is consequential on an

amendment under paragraph (a).

Enforcement

 94    Penalty

A person guilty of an offence under this Part shall be liable—

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           (a)           on conviction on indictment, to imprisonment for a term not exceeding

two years, to a fine or to both, or

           (b)           on summary conviction, to a fine not exceeding the statutory

maximum.

 95    Specimens, &c.

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     (1)    The provisions specified in the first column of the table below, with the

modifications specified in the third column and any other necessary

modifications, shall have effect in relation to an offence under this Part.

 

Provision

Description

Modification

 
 

Road Traffic Act

   

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1988 (c. 52)

   
 

Section 6

Preliminary breath

In place of subsections (1) and (2), the power

 
  

tests

to require the provision of a specimen shall

 
   

apply where—

 
   

     (a)    a constable in uniform reasonably

 

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suspects that the person is

 
   

committing an offence under section

 
   

92, or

 
   

     (b)    a constable in uniform reasonably

 
   

suspects that the person has

 

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committed an offence under section

 
   

92 and still has alcohol in his body.

 
   

In place of subsection (3), a person may be

 
   

required to provide a specimen either—

 
   

     (a)    at or near the place where the

 

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requirement is made, or

 
   

     (b)    at a police station specified by the

 
   

constable.

 
 

Section 7

Provision of

In subsection (1) the reference to an offence

 
  

specimen

under section 3A, 4 or 5 of the 1988 Act shall

 

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be treated as a reference to an offence under

 
   

section 91 or 92 of this Act.

 
   

In subsection (3)(c) the reference to an offence

 
   

under section 3A or 4 of the 1988 Act shall be

 
   

treated as a reference to an offence under

 

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section 91 of this Act.

 
 

 

Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

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Provision

Description

Modification

 
 

Section 7A

Specimen of blood

  
  

taken from person

  
  

incapable of

  
  

consenting

  

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Section 8

Choice of specimen

In subsection (2) the reference to 50

 
  

of breath

microgrammes of alcohol shall, except in

 
   

relation to the aviation function specified in

 
   

section 93(1)(h), be treated as a reference to 15

 
   

microgrammes of alcohol.

 

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Section 9

Protection for

  
  

hospital patient

  
 

Section 10

Detention of person

In subsection (1)—

 
  

affected by alcohol

     (a)    the reference to driving or

 
  

or drug

attempting to drive a mechanically

 

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propelled vehicle on a road shall be

 
   

treated as a reference to performing

 
   

an aviation function of the kind in

 
   

respect of which the requirement to

 
   

provide a specimen was imposed,

 

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and

 
   

     (b)    the reference to an offence under

 
   

section 4 or 5 of the 1988 Act shall be

 
   

treated as a reference to an offence

 
   

under section 91 or 92 of this Act.

 

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In subsection (2) the reference to driving a

 
   

mechanically propelled vehicle shall be

 
   

treated as a reference to performing an

 
   

aviation function.

 
   

In subsection (3) the reference to driving

 

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properly shall be treated as a reference to

 
   

performing an aviation function.

 
 

Section 11

Interpretation

For the definition of “the prescribed limit”

 
   

there shall be substituted the definition given

 
   

in this Part (and the definition of “drug” shall

 

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be disregarded).

 
 

Road Traffic

   
 

Offenders Act

   
 

1988 (c. 53)

   
 

Section 15

Use of specimens

In subsection (1), the reference to an offence

 

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under section 3A, 4 or 5 of the Road Traffic

 
   

Act 1988 shall be treated as a reference to an

 
   

offence under section 91 or 92 of this Act.

 
   

The relevant time for the consumption of

 
   

alcohol for the purpose of subsection (3)(a)

 

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shall be before providing the specimen and

 
   

after the time of the alleged offence.

 
   

In subsection (3)(b) the reference to driving

 
   

shall be treated as a reference to undertaking

 
   

an aviation function or an activity ancillary to

 

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an aviation function.

 
 

Section 16

Documentary

  
  

evidence

  
 

     (2)    The Secretary of State may by regulations amend the table in subsection (1) so

as—

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Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

    43

 

           (a)           to add a provision relating to an offence which concerns alcohol or

drugs in relation to road traffic;

           (b)           to add, remove or amend a modification (whether or not in connection

with an amendment of a provision specified in the table).

     (3)    For the purpose of the application by subsection (1) of a provision listed in the

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table in that subsection—

           (a)           the provision shall extend to the whole of the United Kingdom, and

           (b)           a reference to the provision shall be treated, unless the context

otherwise requires, as including a reference to the provision as applied.

 96    Arrest without warrant

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     (1)    A constable may arrest a person without a warrant if the constable reasonably

suspects that the person—

           (a)           is committing an offence under section 91, or

           (b)           has committed an offence under that section and is still under the

influence of drink or drugs.

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     (2)    But a person may not be arrested under this section while he is at a hospital as

a patient.

     (3)    In subsection (2) “hospital” means an institution which provides medical or

surgical treatment for in-patients or out-patients.

     (4)    Arrest under this section shall be treated as arrest for an offence for the

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purposes of—

           (a)           Part IV of the Police and Criminal Evidence Act 1984 (c. 60) (detention),

and

           (b)           Part V of the Police and Criminal Evidence (Northern Ireland) Order

1989 (S.I. 1989/1341 (N.I. 12)) (detention).

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 97    Right of entry

     (1)    A constable in uniform may board an aircraft if he reasonably suspects that he

may wish to exercise a power by virtue of section 95 or under section 96 in

respect of a person who is or may be on the aircraft.

     (2)    A constable in uniform may enter any place if he reasonably suspects that he

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may wish to exercise a power by virtue of section 95 or under section 96 in

respect of a person who is or may be in that place.

     (3)    For the purposes of boarding an aircraft or entering a place under this section

a constable—

           (a)           may use reasonable force;

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           (b)           may be accompanied by one or more persons.

General

 98    Regulations

     (1)    Regulations under this Part may—

           (a)           make transitional, supplemental and incidental provision;

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           (b)           make provision generally or for a specified purpose only;

 

 

Railways and Transport Safety Bill
Part 5 — Aviation: Alcohol and Drugs

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           (c)           make different provision for different purposes.

     (2)    Regulations under this Part—

           (a)           shall be made by statutory instrument, and

           (b)           may not be made unless a draft has been laid before and approved by

resolution of each House of Parliament.

5

     (3)    Before making regulations under section 92 or 93 the Secretary of State shall

consult such organisations as he thinks appropriate.

 99    Crown application

     (1)    This Part shall apply to a function or activity performed or carried out in

relation to an aircraft which belongs to or is employed in the service of the

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Crown.

     (2)    This section is subject to section 100.

 100   Military application

     (1)    This Part shall not apply to a function or activity which is performed or carried

out by a member of Her Majesty’s air forces, military forces or naval forces,

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within the meaning given by section 225(1) of the Army Act 1955 (c. 18), acting

in the course of his duties.

     (2)           This Part shall not apply to a function or activity which is performed or carried

out by—

           (a)           a member of a visiting force, within the meaning which that expression

20

has in section 3 of the Visiting Forces Act 1952 (c. 67) by virtue of section

12(1) of that Act, acting in the course of his duties, or

           (b)           a member of a civilian component of a visiting force, within that

meaning, acting in the course of his duties.

     (3)           This Part shall not apply to a function or activity which is performed or carried

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out by a military or civilian member of a headquarters, within the meaning

given by paragraphs 1 and 2 of the Schedule to the International Headquarters

and Defence Organisations Act 1964 (c. 5), acting in the course of his duties.

 101   Territorial application

     (1)    This Part applies in relation to—

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           (a)           a function or activity performed or carried out in the United Kingdom,

and

           (b)           a flight function performed or flight activity carried out on a United

Kingdom aircraft.

     (2)    In subsection (1)—

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                    “flight function” means a function falling within section 93(1)(a) to (f),

                    “flight activity” means an activity which for the purposes of this Part is

ancillary to a flight function, and

                    “United Kingdom aircraft” means an aircraft which is registered, in

accordance with an enactment about aircraft, in the United Kingdom.

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     (3)    Her Majesty may by Order in Council direct that a provision of this Part shall

apply (with or without modification)—

 

 

 
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