Under the Road Traffic Act 1988, which offence is committed when a person drives or attempts to drive an MPV on a road or public place while unfit to drive through drink or drugs?

• A. S5(1)(a) RTA 1988
• B. S4(1) RTA 1988
• C. S4(2) RTA 1988
• D. S5(1)(b) RTA 1988

Answer: (B)

This question tests the rule that driving or attempting to drive a motor vehicle while unfit to drive because of drink or drugs is an offence under the Road Traffic Act 1988. The key point is that the unfitness itself makes the act unlawful, regardless of whether the person is over any specific legal limit. So, if someone drives or tries to drive a vehicle on a road or public place and is unfit to drive due to alcohol or drugs, they commit the offence under section 4(1).

This differs from the related offence under section 5, which concerns being over the prescribed alcohol limit in breath or blood. In that case the illegality is tied to the measured level, not necessarily to overall unfitness. The question’s scenario—unfit to drive through drink or drugs—fits section 4(1) and not section 5.

Since a motor vehicle like an MPV on a road or public place is involved, section 4(1) is the correct match.