Road Traffic Act 1988, section 5A

Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit

Part I Principal Road Safety Provisions

(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—

(a)contrary to any advice, given by the person by whom the drug was prescribed or supplied, about the amount of time that should elapse between taking the drug and driving a motor vehicle, or

(b)contrary to any accompanying instructions about that matter (so far as consistent with any such advice) given by the manufacturer or distributor of the drug.

(5)If evidence is adduced that is sufficient to raise an issue with respect to the defence in subsection (3), the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

(6) It is a defence for a person (“D”) charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to have committed the offence the circumstances were such that there was no likelihood of D driving the vehicle whilst the proportion of the specified controlled drug in D's blood or urine remained likely to exceed the specified limit for that drug.

(7)The court may, in determining whether there was such a likelihood, disregard any injury to D and any damage to the vehicle.

(8) In this section, and in sections 3A, 6C(1), 6D and 10, “specified” means specified in regulations 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.

(9)A limit specified under subsection (2) may be zero.F31]

Definitions used in section 5A 4

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
motor vehicle

“motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and

Defined in s.185(1) · see it in the full Act
road

“road”

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

Cases considering section 5A 9

Biri v High Court In Miskolc, Hungary

[2018] EWHC 50 (Admin) · 22 January 2018Limits

The court held that the drug-driving offence under section 5A did not apply to conduct occurring in 2008 because the provision came into force only on 2 March 2015. (see para [44])

Szlichting v Circuit Court Zielona Gora

[2017] EWHC 1006 (Admin) · 24 March 2017

Section 5A was used as a comparison with the statutory limits for specified controlled drugs, although it was not in force when the alleged offending occurred. The comparison could assist the inference of impairment but did not cure the uncertainty about the substance identified. (see paras [7]-[11])

Fiona Hodge & Ors v R

[2026] EWCA Crim 1181 · 16 September 2026

Identifies the drug-driving offence in Potgieter’s case. The court treated it as part of the combined factual basis for exceptional circumstances, without construing section 5A. (see paras [4], [79], [93]) Identifies the statutory limb of the drug-driving offence charged in Potgieter’s case. The court used the offence as part of the combined factual basis for exceptional circumstances, without construing subsection (2). (see paras [4], [79], [93])

What each judgment says about section 5A is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Amendments

  1. F31S. 5A 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(1), 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