Road Traffic Act 1988, section 11

Interpretation of sections 4 to 10

Part I Principal Road Safety Provisions

(1)The following provisions apply for the interpretation of sections [F793AF79] to 10 of this Act.

(2)In those sections—

  • F80 . . .

  • [F81 “controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1971 , F81]

  • “drug” includes any intoxicant other than alcohol,

  • “fail” includes refuse,

  • “hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients,

  • “the prescribed limit” means, as the case may require—

    (a)

    35 microgrammes of alcohol in 100 millilitres of breath,

    (b)

    80 milligrammes of alcohol in 100 millilitres of blood, or

    (c)

    107 milligrammes of alcohol in 100 millilitres of urine,

    F82 or such other proportion as may be prescribed by regulations ....

  • [F83 “registered health care professional” means a person (other than a medical practitioner) who is—

    (a)

    a registered nurse; or

    (b)

    a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State.F83]

  • [F84 “specified”, in relation to a controlled drug, has the meaning given by section 5A(8) F84]

[F85 (2ZA)Regulations under subsection (2) may be made—

(a)by the Secretary of State, in relation to driving or attempting to drive, or being in charge of a vehicle, in England and Wales;

(b)by the Scottish Ministers, in relation to driving or attempting to drive, or being in charge of a vehicle, in Scotland.F85]

[F86 (2A)A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.

(2B)An order under subsection (2) shall be made by statutory instrument; and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.F86]

(3)[F87 A person does not co-operate with a preliminary test or provide a specimen of breath for analysis unless his co-operation or the specimenF87] —

(a)is sufficient to enable the test or the analysis to be carried out, and

(b)is provided in such a way as to enable the objective of the test or analysis to be satisfactorily achieved.

[F88 (4)A person provides a specimen of blood if and only if—

(a)he consents to the taking of such a specimen from him; and

(b)the specimen is taken from him F89... either by a medical practitioner or by a registered health care professional.F88]

Definitions used in section 11 4

prescribed

“prescribed” (except in section 5A) means prescribed by regulations made by the Secretary of State,

Defined in s.192(1) · see it in the full Act
drive

“driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

Defined in s.192(1) · see it in the full Act
statutory

“statutory”, in relation to any prohibition, restriction, requirement or provision, means contained in, or having effect under, any enactment (including any enactment contained in this Act),

Defined in s.192(1) · see it in the full Act
test

(a) “test” includes “inspect” or “inspection”, as the case may require, and

Defined in s.67(10) · see it in the full Act

Cases considering section 11 17

Liam Clarke v Crown Prosecution Service

[2024] EWHC 704 (Admin) · 26 March 2024Interprets

A person provides a blood specimen only if he consents to its taking and it is taken by a medical practitioner or registered healthcare professional. The court held that the recorded consent given in the presence of the medical professional satisfied this requirement. (see paras [8]; [33]–[35])

The Director of Public Prosecutions v Vince & Ors

[2016] EWHC 3014 (Admin) · 25 November 2016Interprets

The court held that a person may be treated as not having provided a specimen where the person’s cooperation or specimen is insufficient to enable the test to be carried out satisfactorily. That permitted the officer to require a further breath specimen after the first attempt failed (see para [15]).

Jankowski v District Court Wroclaw (Poland)

[2016] EWHC 3792 (Admin) · 10 March 2016Defines

Section 11(2)(b) supplied the domestic threshold of 80 milligrammes or more of alcohol in 100 millilitres of blood. The requesting authority had not provided evidence showing that the per mille reading reached that threshold.

1 more judgment, and what each says about section 11, are in the case-law panel in the full Act.

Amendments and notes

14 notes from legislation.gov.uk

Amendments

  1. F79Words "3A" in s. 11(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 44; S.I. 1992/1286, art. 2, Sch.
  2. F80In s. 11(2) definition of "breath test" repealed (30.3.2004) by Railways and Transport Safety Act 2003, (c. 20), ss. 107, 118, 120, Sch. 7 para. 5(a), {Sch. 8}; S.I. 2004/827, art. 3
  3. F81Words in s. 11(2) inserted (2.3.2015 for E.W., 1.3.2018 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), ss. 56(2)(a), 61(2); S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2; S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2
  4. F82Words in s. 11(2) omitted (3.7.2012) by virtue of Scotland Act 2012 (c. 11), ss. 20(6), 44(5); S.I. 2012/1710, art. 2(j)
  5. F83In s. 11(2) definition of "registered health care professional" inserted (1.10.2002 for certain purposes and 1.4.2003 otherwise) by Police Reform Act 2002 (c. 30), ss. 55(3), 108(2); S.I. 2002/2306, art. 4(d); S.I. 2003/808, art. 2(e)
  6. F84Words in s. 11(2) inserted (2.3.2015 for E.W., 1.3.2018 for S.N.I.) by Crime and Courts Act 2013 (c. 22), ss. 56(2)(b), 61(2); S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2; S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2
  7. F85S. 11(2ZA) inserted (3.7.2012) by Scotland Act 2012 (c. 11), ss. 20(7), 44(5); S.I. 2012/1710, art. 2(j)
  8. F86S. 11(2A)(2B) inserted (1.10.2002 for certain purposes and 1.4.2003 otherwise) by Police Reform Act 2002 (c. 30), ss. 55(4), 108(2); S.I. 2002/2306, art. 4(d); S.I. 2003/808, art. 2(e)
  9. F87Words in s. 11(3) substituted (30.3.2004) by Railways and Transport Safety Act 2003 (c. 30), ss. 107, 120, Sch. 7 para. 5(b); S.I. 2004/827, art. 3
  10. F88S. 11(4) substituted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 55(5), 108(2); S.I. 2003/808, art. 2(e)
  11. F89Words in s. 11(4) omitted (10.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 9; S.I. 2015/994, art. 4

Modifications

  1. C4Ss. 4-11 applied (with modifications) (5.8.2011) by The Road Traffic (Drink and Drugs) (Cambridgeshire Guided Busway) Regulations 2011 (S.I. 2011/1652), regs. 1, 3
  2. C16S. 11 applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3
  3. C17S. 11(2): definition of “the prescribed limit” modified (S.) (5.12.2014) by virtue of The Road Traffic Act 1988 (Prescribed Limit) (Scotland) Regulations 2014 (S.S.I. 2014/328), regs. 1, 2