House of Lords portcullis
House of Lords
Session 2002 - 03
Internet Publications
Other Bills before Parliament

Railways and Transport Safety Bill


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

    41

 

 94    Aviation functions

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

functions—

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

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

5

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

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

           (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

10

monitor or record the gaining of experience,

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

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

and

           (h)           acting as a licensed aircraft maintenance engineer.

15

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

maintenance engineer if—

           (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

20

           (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

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

25

virtue of subsections (4) to (6).

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

undertaken—

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

function, and

30

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

performance of the function during that period of duty.

     (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.

35

     (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

ancillary to it.

     (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

40

otherwise.

     (8)    The Secretary of State may by regulations—

           (a)           amend this section;

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

amendment under paragraph (a).

45

 

 

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

    42

 

Enforcement

 95    Penalty

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, to a fine or to both, or

5

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

maximum.

 96    Specimens, &c.

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

modifications specified in the third column and any other necessary

10

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

 

Provision

Description

Modification

 
 

Road Traffic Act

   
 

1988 (c. 52)

   
 

Section 6

Preliminary breath

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

 

15

  

tests

to require the provision of a specimen shall

 
   

apply where—

 
   

     (a)    a constable in uniform reasonably

 
   

suspects that the person is

 
   

committing an offence under section

 

20

   

93, or

 
   

     (b)    a constable in uniform reasonably

 
   

suspects that the person has

 
   

committed an offence under section

 
   

93 and still has alcohol in his body.

 

25

   

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

 
   

required to provide a specimen either—

 
   

     (a)    at or near the place where the

 
   

requirement is made, or

 
   

     (b)    at a police station specified by the

 

30

   

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

 
   

be treated as a reference to an offence under

 
   

section 92 or 93 of this Act.

 

35

   

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

 
   

section 92 of this Act.

 
 

Section 7A

Specimen of blood

  

40

  

taken from person

  
  

incapable of

  
  

consenting

  
 

Section 8

Choice of specimen

In subsection (2) the reference to 50

 
  

of breath

microgrammes of alcohol shall, except in

 

45

   

relation to the aviation function specified in

 
   

section 94(1)(h), be treated as a reference to 15

 
   

microgrammes of alcohol.

 
 

Section 9

Protection for

  
  

hospital patient

  

50

 

 

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

    43

 
 

Provision

Description

Modification

 
 

Section 10

Detention of person

In subsection (1)—

 
  

affected by alcohol

     (a)    the reference to driving or

 
  

or drug

attempting to drive a mechanically

 
   

propelled vehicle on a road shall be

 

5

   

treated as a reference to performing

 
   

an aviation function of the kind in

 
   

respect of which the requirement to

 
   

provide a specimen was imposed,

 
   

and

 

10

   

     (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 92 or 93 of this Act.

 
   

In subsection (2) the reference to driving a

 

15

   

mechanically propelled vehicle shall be

 
   

treated as a reference to performing an

 
   

aviation function.

 
   

In subsection (3) the reference to driving

 
   

properly shall be treated as a reference to

 

20

   

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

 
   

be disregarded).

 

25

 

Road Traffic

   
 

Offenders Act

   
 

1988 (c. 53)

   
 

Section 15

Use of specimens

In subsection (1), the reference to an offence

 
   

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

 

30

   

Act 1988 shall be treated as a reference to an

 
   

offence under section 92 or 93 of this Act.

 
   

The relevant time for the consumption of

 
   

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

 
   

shall be before providing the specimen and

 

35

   

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

 
   

an aviation function.

 

40

 

Section 16

Documentary

  
  

evidence

  
 

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

as—

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

45

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

table in that subsection—

50

           (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.

 

 

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

    44

 

 97    Arrest without warrant

     (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 92, or

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

5

influence of drink or drugs.

     (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.

10

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

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

15

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

 98    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 96 or under section 97 in

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

20

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

may wish to exercise a power by virtue of section 96 or under section 97 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—

25

           (a)           may use reasonable force;

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

General

 99    Regulations

     (1)    Regulations under this Part may—

30

           (a)           make transitional, supplemental and incidental provision;

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

           (c)           make different provision for different purposes.

     (2)    Regulations under this Part—

           (a)           shall be made by statutory instrument, and

35

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

resolution of each House of Parliament.

     (3)    Before making regulations under section 93 or 94 the Secretary of State shall

consult such organisations as he thinks appropriate.

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2003
Revised 23 June 2003