Clause 11 - Power to require specimens of breath at roadside or at hospital etc.
Road Safety Bill
11:00 am

Photo of Mr Kevin Hughes

Mr Kevin Hughes (Doncaster North, Labour)

With this it will be convenient to discuss the following amendments:

No. 54, in clause 11, page 14, line 20, at end insert—

''(2AA) For the purposes of this section a breath test shall not be relevant if it is administered within 20 minutes of alcohol having been consumed or would have been so administered but for a failure to co-operate with it.''.

No. 56, in clause 11, page 15, line 3, at end insert—

'(6A) In section 8 of the Act (choice of specimens of breath), leave out subsection (2) and insert— 

''(2) If the specimen with the lower proportion of alcohol contains no more than 50 microgrammes of alcohol in 100 millilitres of breath the person who provided it shall be asked by a constable if he wishes it to be replaced by such specimen as may be required under section 7(4) of this Act and if he then provides such a specimen neither specimen of breath shall be used.''.'.

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