Road Traffic Act 1988, section 6

Power to administer preliminary tests

Part I Principal Road Safety Provisions

(1)If any of subsections (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered to the person by that constable or another constable.

(2)This subsection applies if a constable reasonably suspects that the person—

(a)is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and

(b)has alcohol or a drug in his body or is under the influence of a drug.

(3)This subsection applies if a constable reasonably suspects that the person—

(a)has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and

(b)still has alcohol or a drug in his body or is still under the influence of a drug.

(4)This subsection applies if a constable reasonably suspects that the person—

(a)is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and

(b)has committed a traffic offence while the vehicle was in motion.

(5)This subsection applies if—

(a)an accident occurs owing to the presence of a motor vehicle on a road or other public place, and

(b)a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident.

(6)A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section.

(7)A constable may administer a preliminary test by virtue of any of subsections (2) to (4) only if he is in uniform.

(8)In this section—

(a)a reference to a preliminary test is to any of the tests described in sections 6A to 6C, and

(b) “traffic offence” means an offence under—

(i)a provision of Part II of the Public Passenger Vehicles Act 1981 (c. 14),

(ii)a provision of the Road Traffic Regulation Act 1984 (c. 27),

(iii)a provision of the Road Traffic Offenders Act 1988 (c. 53) other than a provision of Part III, or

(iv)a provision of this Act other than a provision of Part V.F32]

Definitions used in section 6 4

test

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

Defined in s.67(10) · 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
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

Cases considering section 6 18

The Director of Public Prosecutions v Vince & Ors

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

The court treated the roadside procedure as a preliminary breath test whose purpose is to indicate whether the prescribed alcohol limit is likely to be exceeded. It therefore could support assessment of the later station test but could not itself establish the offence (see paras [28]-[29]).

Rose v Director of Public Prosecutions

[2010] EWHC 462 (Admin) · 11 March 2010Interprets

Section 6 was treated as governing preliminary roadside tests, distinct from the evidential specimens taken under section 7. That distinction supported the conclusion that section 15(2) did not require roadside figures to be adduced (see paras [23], [27], [29]).

Director of Public Prosecutions v Wilson

[2009] EWHC 1988 (Admin) · 21 July 2009Interprets

Section 6 provides the statutory framework for the testing procedures. The court treated arrest as unnecessary where the statutory requirements for testing were otherwise met (see paras [7], [11]). Section 6(1) permits a constable to require cooperation with one or more preliminary tests where a statutory trigger applies. The court relied on this framework in holding that arrest was not a prerequisite (see para [7]). Section 6(5) supplied the relevant trigger because an accident had occurred and the constable reasonably believed that the defendant had been driving or attempting to drive. That trigger supported the validity of the testing procedures (see para [7]).

1 more judgment, and what each says about section 6, are in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F32Ss. 6-6E substituted (29.3.2004 for certain purposes and 30.3.2004 otherwise) for s. 6 by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 1; S.I. 2004/827, art. 2, 3

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. C5S. 6 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