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Amendments to the Railways and Transport Safety Bill

Railways and Transport Safety Bill


AMENDMENT
TO BE MOVED
ON REPORT


 

After Clause 107

 

THE LORD DIXON-SMITH
THE LORD FAULKNER OF WORCESTER

Insert the following new Clause—
  "
(1)  In the Road Traffic Act 1988 (c. 52) after section 40A (using a vehicle in dangerous condition etc.) there is inserted—
    "40B
    (1)  A person commits an aggravated offence if he drives a motor vehicle on a road while his ability to drive is impaired by drugs.
    (2)  A person guilty of an offence under this Part shall be liable—
    (a)  on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both,
    (b)  on summary conviction, to a fine not exceeding the statutory maximum.
    (3)  Where a person is charged with an offence under this section in respect of the effect of a drug on his ability to drive it is a defence for him to show that—
    (a)  he took the drug for a medicinal purpose on, and in accordance with, medical advice, or
    (b)  he took the drug for a medicinal purpose and had no reason to believe that it would impair his ability to drive.
    40CField impairment test and blood or other samples
    (1)  A constable shall have the right to require any driver whom he reasonably suspects of committing a moving traffic offence while under the influence of drugs to take a field impairment test, or require a blood or other bodily sample for analysis, or both, for the purpose of establishing whether or not that driver is under the influence of any drug.
    (2)  Where a constable requires a field impairment test or a blood or other bodily sample to be taken, it shall be an offence to refuse.
    (3)  Where a sample is required, a constable shall convey the person suspected of the offence to a police station for the taking of the sample by a properly qualified person.
    (4)  A person guilty of refusing a field impairment test or a sample shall be liable to a fine not exceeding level 5 on the standard scale.
    (5)  The Secretary of State may by regulation establish maximum limits for the presence of drugs in the body of a person for the purpose of determining impairment of ability to drive.
    (6)  Regulations under this Part shall require the approval of both Houses of Parliament."
(2)  It shall be the duty of each coroner to publish each year a report containing a list of all accidents which led to fatalities in which any of the drivers involved tested positive for any drug.
(3)  It shall be the duty of each police force to include each year in its annual report a report containing—
(a)  a list of all motor accidents which led to fatalities in which any of the drivers involved tested positive for any drug, and
(b)  a list of all motor accidents causing injury in which any of the drivers involved tested positive for any drug."

 
 
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©Parliamentary copyright 2003
11 June 2003