§ Mrs. DunwoodyTo ask the Secretary of State for Transport if he intends to bring forward proposals to make it a criminal offence to drive a train with a blood alcohol concentration of up to 80 mg/100ml.
§ Mr. FreemanWe have no current plans to do so. The Transport and Works Bill currently before the House provides for a criminal offence if certain prescribed persons, including train drivers, work on a transport system with blood alcohol concentrations exceeding 80 mg of alcohol in 100 millilitres of blood. The proposed limits will be kept under review and the Bill provides for them to be amended by regulations. It will also be an offence under clause 28(1) for a train driver to work when he is unfit through drink, even if he is below the prescribed alcohol limit.
§ Mrs. DunwoodyTo ask the Secretary of State for Transport whether he will bring in proposals for train drivers to be temporarily detained if their breath tests are positive.
§ Mr. FreemanThe provisions in the Transport and Works Bill reflect our view that the decision to reinstate a train driver to duty is best made by the operator rather than the police. There will be no question of operators allowing safety staff to return to duty while they are still under the influence of drink.
§ Mrs. DunwoodyTo ask the Secretary of State for Transport if he will outline the proposed limits of alcohol for train drivers and those for drivers of motor vehicles.
§ Mr. FreemanThe alcohol concentration limits are prescribed in clause 39(2) of the Transport and Works Bill and in section 11(2) of the Road Traffic Act 1988, and are both as follows:
- (a) 35 microgrammes of alcohol in 100 millilitres of breath,
- (b) 80 milligrammes of alcohol in 100 millilitres of blood, or
- (c) 107 milligrammes of alcohol in 100 millilitres of urine.
Drivers are also subject to employers' disciplinary codes.