Change 1 Article Choose an article Title and introductory text 1 Causing death by dangerous driving. 1A Causing serious injury by dangerous driving 2 Dangerous driving. 2A Meaning of dangerous driving. 2B Causing death by careless, or inconsiderate, driving 2C Causing serious injury by careless, or inconsiderate, driving 3 Careless, and inconsiderate, driving. 3ZA Meaning of careless, or inconsiderate, driving 3ZB Causing death by driving: unlicensed... or uninsured drivers 3ZC Causing death by driving: disqualified drivers 3ZD Causing serious injury by driving: disqualified drivers 3A Causing death by careless driving when under influence of drink or drugs. 4 Driving, or being in charge, when under influence of drink or drugs. 5 Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit. 5A Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit 6 Power to administer preliminary tests 6A Preliminary breath test 6B Preliminary impairment test 6C Preliminary drug test 6D Arrest 6E Power of entry 7 Provision of specimens for analysis. 7A Specimens of blood taken from persons incapable of consenting 8 Breath specimen showing higher alcohol level to be disregarded. 9 Protection for hospital patients. 10 Detention of persons affected by alcohol or a drug. 11 Interpretation of sections 4 to 10. 12 Motor racing on public ways. 12A Motor race orders: England and Wales: overview 12B Permission to apply for motor race order 12C Application for motor race order 12D Determination of applications for motor race orders 12E Effect of motor race order 12F Regulations by appropriate national authority: procedure 12G Authorisation of races and trials of speed in Scotland 12H Races and trials of speed in Scotland: further provision 12I Regulations under section 12G or 12H: procedure 13 Regulation of motoring events on public ways. 13A Disapplication of sections 1 to 3 for authorised motoring events. 14 Seat belts: adults. 15 Restriction on carrying children not wearing seat belts in motor vehicles. 15A Safety equipment for children in motor vehicles. 15B Requirement to notify bus passengers to wear seat belts 16 Wearing of protective headgear. 17 Protective helmets for motor cyclists. 18 Authorisation of head-worn appliances for use on motor cycles. 19 Prohibition of parking of HGVs on verges, central reservations and footways. 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Definition of “heavy commercial vehicle” for the purposes of section 19. 21 Prohibition of driving or parking on cycle tracks. 22 Leaving vehicles in dangerous positions. 22A Causing danger to road-users. 23 Restriction of carriage of persons on motor cycles. 24 Restriction of carriage of persons on bicycles. 25 Tampering with motor vehicles. 26 Holding or getting on to vehicle in order to be towed or carried. 27 Control of dogs on roads. 28 Dangerous cycling. 29 Careless, and inconsiderate, cycling. 30 Cycling when under influence of drink or drugs. 31 Regulation of cycle racing on public ways. 32 Electrically assisted pedal cycles. 33 Control of use of footpaths , bridleways and restricted byways for motor vehicle trials. 34 Prohibition of driving mechanically propelled vehicles elsewhere than on roads. 35 Drivers to comply with traffic directions. 36 Drivers to comply with traffic signs. 37 Directions to pedestrians. 38 The Highway Code. 39 Powers of Secretary of State and local authorities as to giving road safety information and training. 40 Road safety grants 40A Using vehicle in dangerous condition etc. 41 Regulation of construction, weight, equipment and use of vehicles. 41A Breach of requirement as to brakes, steering-gear or tyres. 41B Breach of requirement as to weight: goods and passenger vehicles. 41D Breach of requirements as to control of vehicle, mobile telephones etc. 42 Breach of other construction and use requirements. 43 Temporary exemption from application of regulations under section 41. 44 Authorisation of use on roads of special vehicles not complying with regulations under section 41. 45 Tests of satisfactory condition of vehicles. 46 Regulations under section 45. 46A Use of records of vehicle examinations, etc. 46B Evidence from records of vehicle examinations. 47 Obligatory test certificates. 48 Supplementary provisions about test certificates. 49 Tests of satisfactory condition of goods vehicles and determination of plated weights, etc. 50 Appeals against determinations. 51 Particular aspects of regulations under section 49. 52 Supplementary provisions about tests, etc., of goods vehicles. 53 Obligatory goods vehicle test certificates. 54 Type approval requirements. 55 Type approval certificates. 56 Conditions of, and cancellation or suspension of, type approval certificates. 57 Certificates of conformity. 58 Minister’s approval certificates. 59 Supplementary provisions as to certificates of conformity and Minister’s approval certificates. 60 Appeals. 61 Regulations for the purposes of sections 54 to 60. 62 Other supplementary provisions. 63 Obligatory type approval certificates, certificates of conformity and Minister’s approval certificates. 63A Alteration of plated weights for goods vehicles without examination. 64 Using goods vehicle with unauthorised weights as well as authorised weights marked on it. 64A Failure to hold EC certificate of conformity for unregistered motor cycle or tractor 65 Vehicles and parts not to be sold without required certificate of conformity or Minister’s approval certificate. 65A Motor cycles not to be sold without EC certificate of conformity 66 Regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions. 66A Appointment of examiners. 66B Appointment of stopping officers 66C Stopping officers: offences 67 Testing of condition of vehicles on roads. 67A Remedying defects discovered on roadside test. 67B Tests to check whether defects have been remedied. 68 Inspection of public passenger vehicles and goods vehicles. 69 Power to prohibit driving of unfit vehicles. 69A Prohibitions conditional on inspection etc. 70 Power to prohibit driving of overloaded goods vehicles. 71 Unfit and overloaded vehicles: offences. 72 Removal of prohibitions. 72A Official testing stations. 73 Provisions supplementary to sections 69 to 72. 74 Operator’s duty to inspect, and keep records of inspections of, goods vehicles. 75 Vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy. 76 Fitting and supply of defective or unsuitable vehicle parts. 77 Testing condition of used vehicles at sale rooms, etc. 78 Weighing of motor vehicles. 79 Further provisions relating to weighing of motor vehicles. 80 Approval marks. 81 Regulation of brakes, bells etc., on pedal cycles. 82 Regulation of brakes on horse-drawn vehicles. 83 Offences to do with reflectors and tail lamps. 84 Appointment of officials and destination of fees. 85 Interpretation of Part II. 86 Index to Part II. 87 Drivers of motor vehicles to have driving licences. 88 Exceptions. 89 Tests of competence to drive. 89A The alternative requirements to those in section 89. 90 Review of conduct of test. 91 Repayment of test fees. 92 Requirements as to physical fitness of drivers. 93 Revocation of licence because of disability or prospective disability. 94 Provision of information, etc. relating to disabilities. 94A Driving after refusal or revocation of licence. 95 Notification of refusal of insurance on grounds of health. 96 Driving with uncorrected defective eyesight. 97 Grant of licences. 97A Residence requirement 98 Form of licence. 99 Duration of licences. 99ZA Compulsory driver training courses. 99ZB Requirements to complete training courses. 99ZC Driver training courses: supplementary. 99A Authorisation to drive in Great Britain. 99B Information about resident Community licence holders. 99C Revocation of authorisation conferred by Community licence because of disability or prospective disability. 99D Information relating to disabilities etc. 99E Return of Community licences delivered to Secretary of State. 100 Appeals relating to licences. 101 Disqualification of persons under age. 102 Disqualification to prevent duplication of licences. 102A Disqualification while disqualified in Northern Ireland, Isle of Man, Channel Islands or Gibraltar 103 Obtaining licence, or driving, while disqualified. 104 Conduct of proceedings in certain courts by or against the Secretary of State. 105 Regulations. 106 Destination of fees for licences, etc. 107 Service of notices. 108 Interpretation. 109 Provisions as to Northern Ireland drivers’ licences. 109A Information about Northern Ireland licence holders 109B Revocation of authorisation conferred by Northern Ireland licence because of disability or prospective disability 109C Information relating to disabilities etc 110 111 Functions of traffic commissioners. 112 Grants of licences: fitness as regards conduct. 113 Grant of licences: referral of matters of conduct to traffic commissioners. 114 Conditions of certain licences. 115 Revocation or suspension of licences. 115A Community licence holders: cessation of authorisation, etc. 116 Revocation or suspension of licences: referral of matters of conduct to traffic commissioners. 117 Disqualification on revocation of licence. 117A Community licences: disqualification etc. 118 Revoked or suspended licences: surrender, return and endorsement. 119 Appeals to magistrates’ court or sheriff 120 Regulations. 121 Interpretation. 122 Provisions as to Northern Ireland licences. 123 Driving instruction for payment to be given only by registered or licensed persons. 124 Exemption of police instructors from prohibition imposed by section 123. 125 The register of approved instructors. 125A Registration of disabled persons. 125B Provisions supplementary to section 125A. 126 Duration of registration. 127 Extension of duration of registration. 128 Removal of names from register. 129 Licences for giving instruction so as to obtain practical experience. 130 Revocation of licences. 131 Appeals. 131A Compensation in respect of suspension 132 Examinations and tests of ability to give driving instruction. 133 Review of examinations. 133A Assessment of disabled person’s ability to control a motor car in an emergency. 133B Further assessments. 133C Duty to disclose further disability. 133D Offences relating to giving by disabled person of paid driving instruction. 133E Direction to disregard emergency control assessment requirement 134 Power to alter conditions for entry or retention in, and removal from, register and for grant or revocation of licences. 135 Power to prescribe form of certificate of registration, etc. 136 Surrender of certificates and licences. 137 Production of certificates and licences to constables and authorised persons. 138 Offences by corporations. 139 Service of notices. 140 Receipts. 141 Regulations. 141A Meaning of “motor car". 142 Index to Part V. 143 Users of motor vehicles to be insured ... . 144 Exceptions from requirement of third-party insurance ... . 144A Offence of keeping vehicle which does not meet insurance requirements 144B Exceptions to section 144A offence 144C Fixed penalty notices 144D Section 144A offence: supplementary 145 Requirements in respect of policies of insurance. 146 Requirements in respect of securities. 147 Issue ... of certificates of insurance ... . 148 Avoidance of certain exceptions to policies ... . 149 Avoidance of certain agreements as to liability towards passengers. 150 Insurance ... in respect of private use of vehicle to cover use under car-sharing arrangements. 151 Duty of insurers ... to satisfy judgment against persons insured ... . 152 Exceptions to section 151. 153 Bankruptcy, etc., of insured ... persons not to affect claims by third parties. 154 Duty to give information as to insurance ... where claim made. 155 Deposits. 156 Power to require evidence of insurance ... on application for vehicle excise licence. 156A Assimilated law relating to compulsory insurance 157 Payment for hospital treatment of traffic casualties. 158 Payment for emergency treatment of traffic casualties. 159 Supplementary provisions as to payments for treatment. 159A Disclosure of information 160 Regulations. 161 Interpretation. 162 Index to Part VI. 162A Approved test assistants 163 Power of police to stop vehicles. 164 Power of constables to require production of driving licence and in certain cases statement of date of birth. 165 Power of constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance ... and test certificates. 165A Power to seize vehicles driven without licence or insurance 165B Retention etc. of vehicles seized under section 165A 166 Powers of certain officers as respects goods vehicles and passenger-carrying vehicles. 167 Power of arrest in Scotland for reckless or careless driving or cycling. 168 Failure to give, or giving false, name and address in case of reckless or careless or inconsiderate driving or cycling. 169 Pedestrian contravening constable’s direction to stop to give name and address. 170 Duty of driver to stop, report accident and give information or documents. 171 Duty of owner of motor vehicle to give information for verifying compliance with requirement of compulsory insurance ... . 172 Duty to give information as to identity of driver etc in certain circumstances. 173 Forgery of documents, etc. 174 False statements and withholding material information. 175 Issue of false documents. 176 Power to seize articles in respect of which offences under sections 173 to 175 may have been committed. 177 Impersonation of authorised examiner, etc. 178 Taking motor vehicle without authority, etc. 179 General power to hold enquiries. 180 General provisions as to inquiries. 181 General provisions as to accident inquiries. 182 Special provisions as to accident inquiries in Greater London. 183 Application to the Crown. 184 Application of sections 5 to 10 to persons subject to service discipline. 185 Meaning of “motor vehicle” and other expressions relating to vehicles. 186 Supplementary provisions about those expressions. 187 Articulated vehicles. 188 Hover vehicles. 189 Certain vehicles not to be treated as motor vehicles. 190 Method of calculating weight of motor vehicles and trailers. 191 Interpretation of statutory references to carriages. 192 General interpretation of Act. 192A Tramcars and other guided vehicles: drink and drugs. 193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193A Tramcars and trolley vehicles. 194 General index. 195 Provisions as to regulations. 196 Provision, etc., of weighbridges. 197 Short title, commencement and extent. SCHEDULE 1 Supplementary Provisions in Connection with Proceedings for Offences under Sections 15A, 17 and 18(4) SCHEDULE 2 Deferred Tests of Condition of Vehicles SCHEDULE 2A Offence of keeping vehicle which does not meet insurance requirements: immobilisation, removal and disposal of vehicles SCHEDULE 2A Form of seat belt symbol for buses SCHEDULE 3 SCHEDULE 4
What to do with it
As published
4 Driving, or being in charge, when under influence of drink or drugs.
(1) A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(2) Without prejudice to subsection (1) above, a person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(3) For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a mechanically propelled vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.
(4) The court may, in determining whether there was such a likelihood as is mentioned in subsection (3) above, disregard any injury to him and any damage to the vehicle.
(5) For the purposes of this section, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.
(6) A constable may arrest a person without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under this section.
(7) For the purpose of arresting a person under the power conferred by subsection (6) above, a constable may enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your wording
Your change, as a redline
4 Driving, or being in charge, when under influence of drink or drugs.
(1) A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(2) Without prejudice to subsection (1) above, a person who, when in charge of a mechanically propelled vehicle which is on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(3) For the purposes of subsection (2) above, a person shall be deemed not to have been in charge of a mechanically propelled vehicle if he proves that at the material time the circumstances were such that there was no likelihood of his driving it so long as he remained unfit to drive through drink or drugs.
(4) The court may, in determining whether there was such a likelihood as is mentioned in subsection (3) above, disregard any injury to him and any damage to the vehicle.
(5) For the purposes of this section, a person shall be taken to be unfit to drive if his ability to drive properly is for the time being impaired.
(6) A constable may arrest a person without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under this section.
(7) For the purpose of arresting a person under the power conferred by subsection (6) above, a constable may enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.