Road Traffic Act 1988, section 6A

Preliminary breath test

Part I Principal Road Safety Provisions

(1)A preliminary breath test is a procedure whereby the person to whom the test is administered provides a specimen of breath to be used for the purpose of obtaining, by means of a device of a type approved by the Secretary of State, an indication whether the proportion of alcohol in the person’s breath or blood is likely to exceed the prescribed limit.

(2)A preliminary breath test administered in reliance on section 6(2) to (4) may be administered only at or near the place where the requirement to co-operate with the test is imposed.

(3)A preliminary breath test administered in reliance on section 6(5) may be administered—

(a)at or near the place where the requirement to co-operate with the test is imposed, or

(b)if the constable who imposes the requirement thinks it expedient, at a police station specified by him.

Definitions used in section 6A 2

test

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

Defined in s.67(10) · 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 6A 4

Crown Prosecution Service, R (on the application of) v Wolverhampton Magistrates' Court

[2009] EWHC 3467 (Admin) · 27 November 2009

Applies the statutory preliminary breath-test regime in assessing the asserted arrest power. The absence of a roadside test was relevant to the alleged unlawfulness of the arrest, but did not itself require exclusion of the later evidence. (see paras [5]; [8]; [11])

Breckon v DPP

[2007] EWHC 2013 (Admin) · 22 August 2007Interprets

Confirms that a preliminary breath test provides an indication only. It does not constitute the evidential specimen used to determine whether the section 5 offence has been committed. (see paras [34])

Smith v DPP

[2007] EWHC 100 (Admin) · 30 January 2007Interprets

Uses the statutory description of the roadside procedure as a preliminary breath test to confirm that it provides only an indication whether the prescribed limit is likely to be exceeded (see para [27]).

What each judgment says about section 6A is in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F33Ss. 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, arts. 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. C6Ss. 6A-6E 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