§ Mr. LawrenceTo ask the Secretary of State for Transport whether he will introduce legislation to resolve the difficulty which arises where police officers are able to stop drivers at random but are prohibited from requiring breath tests at random; and if he will make a statement.
§ Mr. Douglas HoggI have been asked to reply.
The courts have made it clear that the police may use their power to stop under section 159 of the Road Traffic Act 1972 to stop vehicles at random. They may then require a breath test under section 7 of the Act where there is reasonable cause to suspect that a driver has alcohol in his body, has committed a moving traffic offence, or has been involved in an accident. The Government have at present no plans to introduce further legislation in this area.