Change 1 Article Choose an article Title and introductory text 1 Causing death by reckless or dangerous driving 2 Reckless, and dangerous, driving generally 3 Careless, and inconsiderate, driving 4 Driving under age 5 Driving, or being in charge, when under influence of drink or drugs 6 Driving, or being in charge, with blood-alcohol concentration above the prescribed limit 7 Evidence on charge of unfitness to drive 8 Breath tests 9 Laboratory tests 10 Ancillary provisions as to evidence in proceedings for an offence under s.5 or 6 11 Detention of persons while affected by alcohol 12 Interpretation of ss.6 to 11 13 Person liable to be charged with offence under ss.5, 6 or 9 not liable to be charged with certain other offences 14 Motor racing on highways 15 Regulation of motoring events on highways 16 Restriction on carriage of persons on motorcycles 17 Reckless, and dangerous, cycling 18 Careless, and inconsiderate, cycling 19 Cycling when under influence of drink or drugs 20 Regulation of cycle racing on highways 21 Restriction on carriage of persons on bicycles 22 Drivers to comply with traffic directions 23 Pedestrians to comply with directions to stop given by constables regulating vehicular traffic 24 Leaving vehicles in dangerous positions 25 Duty to stop, and furnish particulars, in case of accident 26 General provisions as to accident inquiries 27 Special provisions as to accident inquiries in Greater London 28 Inquests on road deaths in Greater London 29 Penalisation of tampering with motor vehicles 30 Penalisation of holding or getting on to vehicle in order to be towed or carried 31 Control of dogs on roads 32 Wearing of protective headgear 33 Protective helmets for motor cyclists 34 Requirements as to employment of persons to attend to locomotives and trailers 35 Control of use of footpaths and bridleways for motor vehicle trials 36 Prohibition of driving motor vehicles elsewhere than on roads 37 The Highway Code 38 Powers of Secretary of State and local authorities as to giving road safety information and training 39 Powers of Secretary of State to subsidise bodies other than local authorities for giving road safety information and training 40 Regulation of construction, weight, equipment and use of vehicles 41 Temporary exemption from application of regulations under s.40 42 Authorisation of use on roads of special vehicles not complying with regulations under s.40 43 Tests of satisfactory condition of vehicles other than goods vehicles to which s.45 applies 44 Obligatory test certificates for vehicles other than goods vehicles to which s.45 applies 45 Tests of satisfactory condition of certain classes of goods vehicles and determination of plated weights and other particulars therefor 46 Obligatory test certificates for goods vehicles to which s.45 applies 47 Approval of design, construction, etc., of goods vehicles 48 Supplementary provisions as to type approval and other certificates 49 Appeals 50 Regulations for purposes of ss.47 to 49 and other supplementary provisions 51 Obligatory type approval, manufacturers' and Minister's approval, certificates 52 Regulations prohibiting the grant of excise licences for certain vehicles except on compliance with certain conditions 53 Testing of condition of vehicles on roads 54 Remedying of defects discovered on roadside tests 55 Tests to check whether defects have been remedied 56 Power to inspect goods vehicles to secure proper maintenance 57 Power to prohibit the driving of unfit goods vehicles 58 Removal of prohibition of driving of unfit goods vehicle 59 Operators' duty to inspect, and keep records of inspections of, goods vehicles 60 Vehicles not to be sold in unroadworthy condition or altered so as to be unroadworthy 61 Testing condition of used vehicles at sale rooms, etc. 62 Goods vehicles not to be sold without required manufacturer's or Minister's approval certificate 63 Approval marks 64 Provisions as to proceedings for certain offences in connection with goods vehicles 65 Restriction on number of trailers drawn 66 Regulation of brakes, bells, etc., on pedal cycles 67 Regulation of brakes on horse-drawn vehicles 68 Obligatory front and rear lamps and headlamps 69 Obligatory reflectors 70 Restriction on the nature of the lamps to be carried 71 Restriction on movement of lamps 72 Multi-purpose lamps and combined lamps and reflectors 73 Regulation of position, character, use, etc., of lamps and reflectors 74 Bicycles, tricycles and invalid carriages 75 Horse-drawn agricultural vehicles 76 Vehicles carrying overhanging or projecting loads 77 Vehicles towing and being towed 78 Power of exemption and variation of requirements 79 Power to impose additional requirements for vehicles over prescribed length and trailers 80 Application of ss.68 to 79 to reflecting material 81 Offences 82 Interpretation of Part II 83 Administrative expenses, appointment of officials and destination of fees 84 Drivers of motor vehicles to have driving licences 85 Tests of competence to drive 86 Repayment of test fees 87 Requirements as to physical fitness of drivers 88 Grant of licences 89 Duration of licences 90 Appeals relating to licences 91 Driving with uncorrected defective eyesight 92 Notification of disease or disability 93 Disqualification on conviction of certain offences 94 Appeal against disqualification, and rule for determining end of period thereof 95 Removal of disqualification 96 Disqualification of persons under age 97 Disqualification to prevent duplication of licences 98 Effect of disqualification 99 Offence of obtaining licence, or driving, while disqualified 100 Arrest without warrant of persons driving while disqualified 101 Endorsement of licences 102 Combination of disqualification and endorsement with probation orders and orders for discharge in England or Wales 103 Interim disqualification on committal in England or Wales under s.56 of Criminal Justice Act 1967, etc. 104 Information as to date of birth and sex 105 Supplementary provisions as to disqualifications and endorsements 106 Conduct of proceedings in certain courts by or against the Secretary of State 107 Regulations for purposes of Part III 108 Destination of fees for licences, etc., under Part III 109 Service of notices 110 Interpretation of Part III 111 Provisions as to Northern Ireland drivers' licences 112 Drivers of heavy goods vehicles to be licensed 113 Licensing authority, and applications, for heavy goods vehicle driver's licences 114 Grant of heavy goods vehicle drivers' licences 115 Duration of heavy goods vehicle drivers' licences 116 Disqualification on revocation of heavy goods vehicle driver's licence 117 Court may determine whether test of competence to drive was properly conducted 118 Appeals relating to heavy goods-vehicle drivers' licences 119 Regulations for purposes of Part IV 120 Fees and expenses 121 Common test of competence to drive for the purposes of Parts III and IV 122 Transitional provisions as to certain heavy goods vehicle drivers' licences 123 Restriction on institution of proceedings for certain offences 124 Interpretation of Part IV 125 Provisions as to Northern Ireland heavy goods vehicle drivers' licences 126 Driving instruction for payment to be given only by registered or licensed persons 127 Exemption of police instructors from prohibition imposed by s.126 128 The register and registration and duration thereof 129 Extension of duration of registration 130 Removal of names from register 131 Licences 132 Appeals 133 Examinations and tests of ability to give driving instruction 134 Power to alter conditions for entry or retention in, and removal from, register and grant or revocation of licences 135 Power to prescribe form of certificate of registration, etc. 136 Surrender of certificate and licences 137 Production of certificate and licences to constables and authorised persons 138 Evidence by certificate as to registration and licences 139 Offences by corporations 140 Service of notices 141 Expenses and receipts 142 Regulations for purposes of Part V 143 Users of motor vehicles to be insured or secured against third-party risks 144 Exceptions from requirement of third-party insurance or security 145 Requirements in respect of policies of insurance 146 Requirements in respect of securities 147 Issue and surrender of certificates of insurance and of security 148 Avoidance of certain exceptions to policies or securities and of certain agreements, etc., as to risks required to be covered thereby 149 Duty of insurers or persons giving security to satisfy judgment against persons insured or secured against third-party risks 150 Bankruptcy, etc., of insured or secured persons not to affect claims by third parties 151 Duty to give information as to insurance or security where claim made 152 Deposits 153 Power to require evidence of insurance or security on application for vehicle excise licence 154 Payment for hospital treatment of traffic casualties 155 Payment for emergency treatment of traffic casualties 156 Supplementary provisions as to payments for treatment 157 Regulations for purposes of Part VI 158 Interpretation of Part VI 159 Power of police to stop vehicles 160 Weighing of motor vehicles 161 Power of constables to require production of driving licences and in certain cases statement of date of birth 162 Power of constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance or security and test certificates 163 Powers of certifying officers and examiners as respects goods vehicles 164 Penalisation of failure to give name and address, and power of arrest, in case of dangerous or careless driving or cycling, etc. 165 Pedestrian contravening constable's direction to stop to give name and address 166 Duty of driver, in case of accident involving injury to another, to produce evidence of insurance or security or to report accident 167 Duty of owner of motor vehicle to give information for verifying compliance with requirement of compulsory insurance or security 168 Duty to give information as to identity of driver, etc. in certain cases 169 Forgery of documents, etc. 170 False statements and withholding material information 171 Issue of false documents 172 Using goods vehicle with unauthorised weights as well as authorised weights marked thereon 173 Power to seize articles with respect to which offences under ss.169 to 171 may have been committed 174 Personation of, or of person employed by, authorised examiner 175 Taking motor vehicle without authority, etc. 176 Penalty for aiding, abetting, etc. commission of offences 177 Prosecution and punishment of offences 178 Penalty for breach of regulations 179 Restrictions on prosecutions for certain offences 180 Time within which summary proceedings for certain offences must be commenced 181 Evidence by certificate 182 Admissibility of records as evidence 183 Proof, in summary proceedings, of identity of driver of vehicle 184 Jurisdiction of courts of summary jurisdiction in Scotland for certain offences 185 Destination of fines 186 General power to hold inquiries 187 General provisions as to inquiries 188 Application to Crown 189 Application of ss.6 to 11 to persons subject to service discipline 190 Interpretation of expressions relating to motor vehicles and classes thereof 191 Articulated vehicles 192 Hover vehicles 193 Certain vehicles not to be treated as motor vehicles 194 Method of calculating weight of motor vehicles and trailers 195 Interpretation of statutory references to carriages 196 General interpretation provisions 197 Effect of certain references to Scottish local authorities 198 Exclusion of application of certain provisions to tramcars, trolley vehicles, etc. 199 Exercise of regulation-making powers and Parliamentary control thereover 200 Provision, etc. of weighbridges 201 Provisions as to Thames embankment 202 Protection of public interests 203 Consequential and other amendments of other Acts 204 Transitory modifications of this Act 205 General repeals, revocations, savings and transitional provisions 206 Saving for s.38 of Interpretation Act 1889 207 Saving for law of nuisance 208 Commencement 209 Short title and extent SCHEDULE 1 Supplementary Provisions in connection with Proceedings for Offences under Section 33 SCHEDULE 2 Travelling, etc., Allowances for Attendance at Road Safety Conferences SCHEDULE 3 Deferred Tests of Condition of Vehicles SCHEDULE 4 Prosecution and Punishment of Offences SCHEDULE 5 Transitional Provisions Relating to Licences to Drive Heavy Goods Vehicles SCHEDULE 6 Appeals under Section 132 against Decisions of the Registrar SCHEDULE 7 Consequential Amendments of other Acts SCHEDULE 8 Transitory Modifications of this Act SCHEDULE 9 Repeals and Revocations SCHEDULE 10 Savings and Transitional Provisions
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As published
5 Driving, or being in charge, when under influence of drink or drugs
(1) A person who, when driving or attempting to drive a motor vehicle on a road or other public place, is unfit to drive through drink or drugs shall be guilty of an offence.
(2) Without prejudice to subsection (1) above, a person who, when in charge of a motor vehicle which is on a road or other public place, is unfit to drive through drink or drugs shall be 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 motor 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) 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.
(5) A constable may arrest without warrant a person committing an offence under this section.
Your wording
Your change, as a redline
5 Driving, or being in charge, when under influence of drink or drugs
(1) A person who, when driving or attempting to drive a motor vehicle on a road or other public place, is unfit to drive through drink or drugs shall be guilty of an offence.
(2) Without prejudice to subsection (1) above, a person who, when in charge of a motor vehicle which is on a road or other public place, is unfit to drive through drink or drugs shall be 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 motor 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) 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.
(5) A constable may arrest without warrant a person committing an offence under this section.
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.