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BDifficulty 2/5

Can a passenger in the same vehicle take over from the driver if the driver tests positive in a breathalyser test?

Correct answer

Yes, provided that they offer sufficient guarantees.

Yes, if properly licensed for that vehicle, fit to drive safely and offering sufficient assurance to the officers. Article 25 allows another person to take over and immobilisation to be lifted under the prescribed conditions, subject to judicial directions. Just any licence is insufficient if it does not cover that vehicle, and a negative test alone does not prove overall fitness. Replacement does not remove the original driver’s possible liability.

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All options

  • No, and the car will be immobilised by the officer.

  • Yes, provided that they offer sufficient guarantees.

  • No, a passenger can never replace a driver at the wheel.

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