Appendices
| Pages | 677-696 |
| Author | Pauline M. Callow |
Appendices
ROAD TRAFFIC ACT 1988, SECTIONS 3A TO 11
13A.— Causing death by careless driving when under influence of drink or drugs
(1) If a person causes the death of another person by driving a mechanically propelled
vehicle on a road or other public place without due care and attention, or without
reasonable consideration for other persons using the road or place, and—
(a) he is, at the time when he is driving, unfit to drive through drink or drugs, or
(b) he has consumed so much alcohol that the proportion of it in his breath, blood or
urine at that time exceeds the prescribed limit, or
2(ba) he has in his body a specified controlled drug and the proportion of it in his blood
or urine at that time exceeds the specified limit for that drug, or
(c) he is, within 18 hours after that time, required to provide a specimen in pursuance
of section 7 of this Act, but without reasonable excuse fails to provide it, [or
(d) he is required by a constable to give his permission for a laboratory test of a
specimen of blood taken from him under section 7A of this Act, but without
reasonable excuse fails to do so,3]
he is guilty of an offence.
(2) For the purposes of this section a person shall be taken to be unfit to drive at any time
when his ability to drive properly is impaired.
(3) Subsection (1)(b) [,(ba)4] [, (c) and (d)5] above shall not apply in relation to a person
driving a mechanically propelled vehicle other than a motor vehicle.
4.— Driving, or being in charge, when under influence of drink or drugs
(1) A person who, when driving or attempting to drive a [mechanically propelled
vehicle6] on a road or other public place, is unfit to drive through drink or drugs is guilty
of an offence.
(2) Without prejudice to subsection (1) above, a person who, when in charge of a
[mechanically propelled vehicle7] which is on a road or other public place, is unfit to drive
through drink or drugs is guilty of an offence.
(3) For the purposes of subsection (2) above, a person shall be deemed not to have been in
charge of a [mechanically propelled vehicle8] if he proves that at the material time the
1 Section 3A inserted by Road Traffic Act 1991, s 3, in force 1 July 1992.
2 Paragraph (ba) inserted by Crime and Courts Act 2013, Sch 22, para 2(2), in force in England and
Wales 2 March 2015.
3 Words in square brackets inserted by Road Safety Act 2006, s 31(2), in force 24 September 2007.
4 Paragraph number in square brackets inserted by Crime and Courts Act 2013, Sch 22, para 2(3),
in force in England and Wales 2 March 2015.
5 Words in square brackets substituted by Road Safety Act 2006, s 31(3), in force 24 September
2007.
6 Words in square brackets substituted by Road Traffic Act 1991, s 4, in force 1 July 1992.
7 Ibid.
8 Ibid.
678 Appendices: Road Traffic Act 1988, sections 3A to 11
circumstances were such that there was no likelihood of his driving it so long as he
remained unfit to drive through drink or drugs.
(4) The court may, in determining whether there was such a likelihood as is mentioned in
subsection (3) above, disregard any injury to him and any damage to the vehicle.
(5) For the purposes of this section, a person shall be taken to be unfit to drive if his ability
to drive properly is for the time being impaired.
9
5.— Driving or being in charge of a motor vehicle with alcohol concentration above
prescribed limit
(1) If a person—
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place,
after consuming so much alcohol that the proportion of it in his breath, blood or urine
exceeds the prescribed limit he is guilty of an offence.
(2) It is a defence for a person charged with an offence under subsection (1)(b) above to
prove that at the time he is alleged to have committed the offence the circumstances were
such that there was no likelihood of his driving the vehicle whilst the proportion of alcohol
in his breath, blood or urine remained likely to exceed the prescribed limit.
(3) The court may, in determining whether there was such a likelihood as is mentioned in
subsection (2) above, disregard any injury to him and any damage to the vehicle.
105A.— Driving or being in charge of a motor vehicle with concentration of specified
controlled drug above specified limit
(1) This section applies where a person (“D”)—
(a) drives or attempts to drive a motor vehicle on a road or other public place, or
(b) is in charge of a motor vehicle on a road or other public place,
and there is in D’s body a specified controlled drug.
(2) D is guilty of an offence if the proportion of the drug in D’s blood or urine exceeds the
specified limit for that drug.
(3) It is a defence for a person (“D”) charged with an offence under this section to show
that—
(a) the specified controlled drug had been prescribed or supplied to D for medical
or dental purposes,
(b) D took the drug in accordance with any directions given by the person by whom
the drug was prescribed or supplied, and with any accompanying instructions (so
far as consistent with any such directions) given by the manufacturer or
distributor of the drug, and
(c) D’s possession of the drug immediately before taking it was not unlawful under
section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of
controlled drugs) because of an exemption in regulations made under section 7
of that Act (authorisation of activities otherwise unlawful under foregoing
provisions).
(4) The defence in subsection (3) is not available if D’s actions were—
9 Subsections (6)–(8), and an earlier version of s 4 applying to Scotland only, repealed by Serious
Organised Crime and Police Act 2005, Sch 7(1), para 27(2), in force 1 January 2006.
10 Section 5A inserted by Crime and Courts Act 2013, s 56, in force in England and Wales 2 March
2015.
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