Part 1 Drink and Drug Driving Offences
Deregulation Act 2015 (2015 c 20) | Legislation

SCHEDULE 11 Enforcement of Transport Legislation

Section 52

Part 1 Drink and Drug Driving Offences

Removal of “statutory option†to have breath specimen replaced: road and rail transport

1

(1)     In section 8 of the Road Traffic Act 1988 (choice of specimens of breath), omit subsections (2), (2A), (3) and (4).

(2)     The amendments in sub-paragraphs (3) to (5) are made in consequence of sub-paragraph (1).

(3)     In the Road Traffic Act 1988—

(a)     for the heading of section 8 substitute “Breath specimen showing higher alcohol level to be disregardedâ€;

(b)     in section 8(1), omit “Subject to subsection (2) below,â€;

(c)     in section 195(3), omit “8(3),â€;

(d)     in section 195(4), omit “8(3),â€;

(e)     in section 195(4A), omit “8(3) orâ€.

(4)     In the Serious Organised Crime and Police Act 2005, omit section 154(7).

(5)     In the Scotland Act 2012, omit section 20(2) to (4).

2

(1)     In Chapter 1 of Part 2 of the Transport and Works Act 1992 (safety of railways etc: offences involving drink or drugs), in section 32 (choice of specimens of breath), omit subsections (2) to (4).

(2)     In consequence of sub-paragraph (1), for the heading of that section substitute “Breath

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