Railways and Transport Safety Act 2003 (c. 20)

(The document as of February, 2008)

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(1) This Part shall not apply to a member of Her Majesty's naval forces, military forces or air forces, within the meaning given by section 225(1) of the Army Act 1955 (c. 18), while acting in the course of his duties.

(2) Subject to subsection (1), this Part shall apply to a person in the service of the Crown.

(3) But section 84 shall not have effect in relation to a ship which--

(a) is being used for a purpose of Her Majesty's forces, or

(b) forms part of the Royal Fleet Auxiliary Service.

(4) This Part shall not apply to--

(a) a member of a visiting force, within the meaning which that expression has in section 3 of the Visiting Forces Act 1952 (c. 67) by virtue of section 12(1) of that Act, while acting in the course of his duties, or

(b) a member of a civilian component of a visiting force, within that meaning, while acting in the course of his duties.

91 Territorial application

(1) This Part shall have effect in relation to--

(a) United Kingdom ships,

(b) foreign ships in United Kingdom waters, and

(2) Section 86 shall not extend to Scotland.

(3) Subsection (2) does not affect any rule of law or enactment concerning the right of a constable in Scotland to board a ship or enter any place for any purpose.

Part 5 Aviation: Alcohol and Drugs

Offences

92 Being unfit for duty

(1) A person commits an offence if--

(a) he performs an aviation function at a time when his ability to perform the function is impaired because of drink or drugs, or

(b) he carries out an activity which is ancillary to an aviation function at a time when his ability to perform the function is impaired because of drink or drugs.

(2) In this section "drug" includes any intoxicant other than alcohol.

(3) Section 94 defines "aviation function" and "ancillary activity" for the purposes of this Part.

93 Prescribed limit

(1) A person commits an offence if--

(a) he performs an aviation function at a time when the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit, or

(b) he carries out an activity which is ancillary to an aviation function at a time when the proportion of alcohol in his breath, blood or urine exceeds the prescribed limit.

(2) The prescribed limit of alcohol is (subject to subsection (3))--

(a) in the case of breath, 9 microgrammes of alcohol in 100 millilitres,

(b) in the case of blood, 20 milligrammes of alcohol in 100 millilitres, and

(3) In relation to the aviation function specified in section 94(1)(h) the prescribed limit is--

(a) in the case of breath, 35 microgrammes of alcohol in 100 millilitres,

(b) in the case of blood, 80 milligrammes of alcohol in 100 millilitres, and

(4) The Secretary of State may make regulations amending subsection (2) or (3).

(5) Section 94 defines "aviation function" and "ancillary activity" for the purposes of this Part.

94 Aviation functions

(1) For the purposes of this Part the following (and only the following) are aviation functions--

(a) acting as a pilot of an aircraft during flight,

(b) acting as flight navigator of an aircraft during flight,

(d) acting as flight radio-telephony operator of an aircraft during flight,

(e) acting as a member of the cabin crew of an aircraft during flight,

(f) attending the flight deck of an aircraft during flight to give or supervise training, to administer a test, to observe a period of practice or to monitor or record the gaining of experience,

(g) acting as an air traffic controller in pursuance of a licence granted under or by virtue of an enactment (other than a licence granted to a student), and

(h) acting as a licensed aircraft maintenance engineer.

(2) For the purposes of subsection (1)(h) a person acts as a licensed aircraft maintenance engineer if--

(a) he issues a document relating to the maintenance, condition or use of an aircraft or equipment in reliance on a licence granted under or by virtue of an enactment relating to aviation, or

(b) he carries out or supervises work on an aircraft or equipment with a view to, or in connection with, the issue by him of a document of the kind specified in paragraph (a).

(3) For the purposes of this Part a reference to an activity which is ancillary to an aviation function is a reference to anything which falls to be treated as such by virtue of subsections (4) to (6).

(4) An activity shall be treated as ancillary to an aviation function if it is undertaken--

(a) by a person who has reported for a period of duty in respect of the function, and

(b) as a requirement of, for the purpose of or in connection with the performance of the function during that period of duty.

(5) A person who in accordance with the terms of an employment or undertaking holds himself ready to perform an aviation function if called upon shall be treated as carrying out an activity ancillary to the function.

(6) Where a person sets out to perform an aviation function, anything which he does by way of preparing to perform the function shall be treated as an activity ancillary to it.

(7) For the purposes of this Part it is immaterial whether a person performs a function or carries out an activity in the course of an employment or trade or otherwise.

(8) The Secretary of State may by regulations--

(a) amend this section;

(b) make an amendment of this Part which is consequential on an amendment under paragraph (a).

Enforcement

95 Penalty

A person guilty of an offence under this Part shall be liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

(b) on summary conviction, to a fine not exceeding the statutory maximum.

96 Specimens, &c.

(1) The provisions specified in the first column of the table below, with the modifications specified in the third column and any other necessary modifications, shall have effect in relation to an offence under this Part.

Provision	Description	Modification
Road Traffic Act 1988 (c. 52)
Section 6	Power to administer preliminary tests	In place of subsections (2) to (5) the power to require a person to co-operate with a preliminary test shall apply where-- (a) a constable in uniform reasonably suspects that the person is committing an offence under section 92 or 93, (b) a constable in uniform reasonably suspects that the person has committed an offence under section 92 or 93 and still has alcohol or a drug in his body or is still under the influence of a drug, (c) an aircraft is involved in an accident and a constable reasonably suspects that the person was undertaking an aviation function, or an activity ancillary to an aviation function, in relation to the aircraft at the time of the accident, or (d) an aircraft is involved in an accident and a constable reasonably suspects that the person has undertaken an aviation function, or an activity ancillary to an aviation function, in relation to the aircraft.
Sections 6A to 6E	Preliminary breath test, impairment test, and drug test	In place of sections 6A(2) and (3), 6B(4) and 6C(2), a preliminary breath test, preliminary impairment test or preliminary drug test may be administered by a constable-- (a) at or near the place where the requirement to co-operate with the test is imposed, or (b) at a police station specified by the constable. In section 6B(3) a reference to unfitness to drive shall be treated as a reference to having an impaired ability, because of drink or drugs, to perform an aviation function or to carry out an activity which is ancillary to an aviation function.
Section 7	Provision of specimen	In subsection (1) the reference to an offence under section 3A, 4 or 5 of the 1988 Act shall be treated as a reference to an offence under section 92 or 93 of this Act. In subsection (3)(c) the reference to an offence under section 3A or 4 of the 1988 Act shall be treated as a reference to an offence under section 92 of this Act.
Section 7A	Specimen of blood taken from person incapable of consenting
Section 8	Choice of specimen of breath	In subsection (2) the reference to 50 microgrammes of alcohol shall, except in relation to the aviation function specified in section 94(1)(h), be treated as a reference to 15 microgrammes of alcohol.
Section 9	Protection for hospital patient
Section 10	Detention of person affected by alcohol or drug	In subsection (1)-- (a) the reference to driving or attempting to drive a mechanically propelled vehicle on a road shall be treated as a reference to performing an aviation function of the kind in respect of which the requirement to provide a specimen was imposed, and (b) the reference to an offence under section 4 or 5 of the 1988 Act shall be treated as a reference to an offence under section 92 or 93 of this Act. In subsection (2) the reference to driving a mechanically propelled vehicle shall be treated as a reference to performing an aviation function. In subsection (3) the reference to driving properly shall be treated as a reference to performing an aviation function.
Section 11	Interpretation	For the definition of "the prescribed limit" there shall be substituted the definition given in this Part.
Road Traffic Offenders Act 1988 (c. 53)
Section 15	Use of specimens	In subsection (1), the reference to an offence under section 3A, 4 or 5 of the Road Traffic Act 1988 shall be treated as a reference to an offence under section 92 or 93 of this Act. The relevant time for the consumption of alcohol for the purpose of subsection (3)(a) shall be before providing the specimen and after the time of the alleged offence. In subsection (3)(b) the reference to driving shall be treated as a reference to undertaking an aviation function or an activity ancillary to an aviation function.
Section 16	Documentary evidence

(2) The Secretary of State may by regulations amend the table in subsection (1) so as--

(a) to add a provision relating to an offence which concerns alcohol or drugs in relation to road traffic;

(b) to add, remove or amend a modification (whether or not in connection with an amendment of a provision specified in the table).

(3) For the purpose of the application by subsection (1) of a provision listed in the table in that subsection--

(a) the provision shall extend to the whole of the United Kingdom, and

(b) a reference to the provision shall be treated, unless the context otherwise requires, as including a reference to the provision as applied.

97 Arrest without warrant

(1) A constable may arrest a person without a warrant if the constable reasonably suspects that the person--

(a) is committing an offence under section 92, or

(b) has committed an offence under that section and is still under the influence of drink or drugs.

(2) But a person may not be arrested under this section while he is at a hospital as a patient.

(3) In subsection (2) "hospital" means an institution which provides medical or surgical treatment for in-patients or out-patients.

(4) Arrest under this section shall be treated as arrest for an offence for the purposes of--

(a) Part IV of the Police and Criminal Evidence Act 1984 (c. 60) (detention), and

(b) Part V of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (detention).

98 Right of entry

(1) A constable in uniform may board an aircraft if he reasonably suspects that he may wish to exercise a power by virtue of section 96 or under section 97 in respect of a person who is or may be on the aircraft.

(2) A constable in uniform may enter any place if he reasonably suspects that he may wish to exercise a power by virtue of section 96 or under section 97 in respect of a person who is or may be in that place.

(3) For the purposes of boarding an aircraft or entering a place under this section a constable--

(a) may use reasonable force;

(b) may be accompanied by one or more persons.

General

99 Regulations

(1) Regulations under this Part may--

(a) make transitional, supplemental and incidental provision;

(b) make provision generally or for a specified purpose only;

(2) Regulations under this Part--

(a) shall be made by statutory instrument, and

(b) may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(3) Before making regulations under section 93 or 94 the Secretary of State shall consult such organisations as he thinks appropriate.

100 Crown application

(1) This Part shall apply to a function or activity performed or carried out in relation to an aircraft which belongs to or is employed in the service of the Crown.

(2) This section is subject to section 101.

101 Military application

(1) This Part shall not apply to a function or activity which is performed or carried out by a member of Her Majesty's air forces, military forces or naval forces, within the meaning given by section 225(1) of the Army Act 1955 (c. 18), acting in the course of his duties.

(2) This Part shall not apply to a function or activity which is performed or carried out by--

(a) a member of a visiting force, within the meaning which that expression has in section 3 of the Visiting Forces Act 1952 (c. 67) by virtue of section 12(1) of that Act, acting in the course of his duties, or

(b) a member of a civilian component of a visiting force, within that meaning, acting in the course of his duties.

(3) This Part shall not apply to a function or activity which is performed or carried out by a military or civilian member of a headquarters, within the meaning given by paragraphs 1 and 2 of the Schedule to the International Headquarters and Defence Organisations Act 1964 (c. 5), acting in the course of his duties.

102 Territorial application

(1) This Part applies in relation to--

(a) a function or activity performed or carried out in the United Kingdom, and

(b) a flight function performed or flight activity carried out on a United Kingdom aircraft.

(2) In subsection (1)--

"flight function" means a function falling within section 94(1)(a) to (f),
"flight activity" means an activity which for the purposes of this Part is ancillary to a flight function, and
"United Kingdom aircraft" means an aircraft which is registered, in accordance with an enactment about aircraft, in the United Kingdom.

(3) Her Majesty may by Order in Council direct that a provision of this Part shall apply (with or without modification)--

(a) to a function or activity performed or carried out in any of the Channel Islands or a British overseas territory;

(b) to a function performed or activity carried out on an aircraft which is registered, in accordance with an enactment about aircraft, in any of the Channel Islands or a British overseas territory.

(4) Section 98 shall not extend to Scotland.

(5) Subsection (4) does not affect any rule of law or enactment concerning the right of a constable in Scotland to board an aircraft or enter any place for any purpose.

Part 6 Miscellaneous

103 Convention on International Carriage by Rail

(1) The Secretary of State may make regulations for the purpose of giving effect to the Convention concerning International Carriage by Rail signed at Berne on 9th May 1980 as set out in the Annex to the modifying Protocol signed at Vilnius on 3rd June 1999.

(2) Schedule 6 shall have effect (provision which may be made by regulations in connection with that Convention made under subsection (1) above or under section 2 of the European Communities Act 1972 (c. 68) (implementation of Community obligations)).

(3) Regulations made under or by virtue of this section shall bind the Crown except in so far as they provide to the contrary.

(4) Regulations made under this section shall be made by statutory instrument.

(5) Regulations made under or by virtue of this section may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.

(6) This section extends to the whole of the United Kingdom.

104 Office of Rail Regulation: general duties

In section 4(5)(c) of the Railways Act 1993 (c. 43) (duty of the Office of Rail Regulation (formerly the Regulator): duty to have regard to position of Strategic Rail Authority) the words "under this Part" shall cease to have effect.

105 Railways safety levy

(1) The following shall be inserted after section 43 of the Health and Safety at Work etc. Act 1974 (c. 37) (financial provision)--

" 43A Railway safety levy

(1) The Secretary of State may make regulations requiring persons who provide railway services to pay railway safety levy.

(2) Railway safety levy shall be applied only for the purpose of meeting expenses incurred--

(a) in respect of activity undertaken by the Executive in reliance on section 117 of the Railways Act 1993 (safety of railways, &c.), or

(b) in respect of activity undertaken by the Executive, under or by virtue of any other enactment, in relation to a transport system to which that section applies.

(3) The railway safety levy shall not be used to meet--

(a) an expense in respect of which a fee is payable under regulations made under section 43, or

(b) an expense in respect of a matter specified by the regulations for the purpose of this paragraph.

(4) Where an expense is incurred partly in respect of activity within subsection (2)(a) or (b) and partly in respect of other activity, the railway safety levy may be used to meet a part of that expense which is reasonably referable to activity within subsection (2)(a) or (b).

(5) Regulations under subsection (1) may, in particular, determine or enable the Commission or the Executive to determine--

(a) the total amount of the railway safety levy to be imposed in respect of a specified period;

(b) the persons by whom the levy is to be paid;

(c) the criteria for assessing the proportion of the levy to be paid by a particular person (which may, in particular, refer to the size of a person's income or provide for an amount to be reduced or waived in specified circumstances);

(d) the periods in respect of which the levy is to be paid;

(e) the manner in which the levy is to be paid;

(f) the person to whom the levy is to be paid;

(g) when the levy is to be paid.

(6) Regulations under subsection (1) may, in particular, enable the Commission or the Executive--

(a) to require a person who provides railway services to supply information for the purposes of the consideration of a matter specified in subsection (5);

(b) where information requested is not supplied, to make assumptions;

(c) to revise a determination of a matter specified in subsection (5) (whether before, during or after the period to which it relates);

(d) to make refunds.

(7) Regulations by virtue of subsection (6)(a) may, in particular, make provision--

(a) about the manner and timing of the supply of information;

(b) about certification of the accuracy of information supplied;

(c) creating a criminal offence in connection with the supply of inaccurate or misleading information (but not an offence punishable with imprisonment).

(8) Regulations under subsection (1) may enable payment to be enforced by civil proceeding.

(9) For the purposes of this section a person provides railway services if he manages or controls, or participates in managing or controlling, a transport system to which section 117 of the Railways Act 1993 applies. "

(2) In section 28(1)(a) of that Act (restriction on disclosure of information) after "27A above" insert ", by virtue of section 43A(6) below".

(3) In section 82 of that Act (general provisions)--

(a) in subsection (3)(b) after "which" insert "(unless subsection (4) applies)", and

(b) after subsection (3) insert--

" (4) The first regulations under section 43A(1) shall not be made unless a draft has been laid before and approved by resolution of each House of Parliament. "

106 Railway security services

The following shall be inserted after section 121 of the Railways Act 1993 (c. 43) (security: inspection)--

" 121A Railway security services: approved providers

(1) In this section "railway security service" means a process or activity carried out for the purpose of--

(a) complying with a requirement of an instruction under section 119, or

(b) facilitating a person's compliance with a requirement of an instruction under section 119.

(2) Regulations may provide for the Secretary of State to maintain a list of persons who are approved by him for the provision of a particular railway security service.

(3) The regulations may--

(a) prohibit the provision of a railway security service by a person who is not listed in respect of that service;

(b) prohibit the use or engagement for the provision of a railway security service of a person who is not listed in respect of that service;

(d) make provision about application for inclusion in the list (including provision about fees);

(e) make provision about the duration and renewal of entries on the list (including provision about fees);

(f) make provision about training or qualifications which persons who apply to be listed or who are listed are required to undergo or possess;

(g) make provision about removal from the list which shall include provision for appeal;

(h) make provision about the inspection of activities carried out by listed persons;

(i) confer functions on the Secretary of State or on a specified person;

(j) confer jurisdiction on a court.

(4) Regulations under subsection (3)(c)--

(a) may not provide for a penalty on summary conviction greater than a fine not exceeding the statutory maximum,

(b) may not provide for a penalty of imprisonment on conviction on indictment greater than imprisonment for a term not exceeding two years (whether or not accompanied by a fine), and

(c) may create a criminal offence of purporting, with intent to deceive, to do something as a listed person or of doing something, with intent to deceive, which purports to be done by a listed person.

(5) An instruction under section 119 may--

(a) include a requirement to use a listed person for the provision of a railway security service;

(b) provide for all or part of the instruction not to apply or to apply with modified effect where a listed person provides a railway security service.

(6) Regulations under this section--

(a) may make different provision for different cases,

(b) may include incidental, supplemental or transitional provision,

(d) shall not be made unless the Secretary of State has consulted organisations appearing to him to represent persons affected by the regulations, and

(e) shall be subject to annulment in pursuance of resolution of either House of Parliament. "

107 Road traffic: testing for drink and drugs

Schedule 7 shall have effect.

108 Traffic regulation on long distance routes

The following shall be inserted after section 22A of the Road Traffic Regulation Act 1984 (c. 27) (traffic regulation for purpose of conserving natural beauty)--

" 22B Traffic regulation on long distance routes

(1) This section applies where the Secretary of State thinks that, because of the use of a long distance route by vehicular traffic, members of the public cannot safely and conveniently--

(a) enjoy the amenities of any part of the route or of the area through which the route runs;

(b) take advantage of opportunities for recreation in any part of that area;

(2) The Secretary of State may make an order preventing the use of the route or a specified part of the route--

(a) by vehicular traffic, or

(b) by vehicular traffic of a specified kind.

(3) An order under this section may have effect only in relation to a long distance route which is, or in so far as it is, in England.

(4) An order under this section shall be treated for all purposes as if it were a traffic regulation order made by the Secretary of State in relation to a road for which he is the traffic authority (and, in particular, any provision of this Act about the making or effect of such an order shall apply). " .

109 Road traffic: fixed penalty

(1) In section 76(2)(a) of the Road Traffic Offenders Act 1988 (c. 53) (fixed penalty) the words "of police" shall cease to have effect.

(2) This section shall extend only to England and Wales.

110 Seat belts: delivery drivers

The following shall be substituted for section 14(2)(b)(i) of the Road Traffic Act 1988 (c. 52) (seat belts: exceptions: delivery drivers)--

" (i) the driver of or a passenger in a motor vehicle constructed or adapted for carrying goods, while on a journey which does not exceed the prescribed distance and which is undertaken for the purpose of delivering or collecting any thing, " .

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