Brown v Procurator Fiscal, Falkirk: HCJ 24 Sep 2002

The defendant appealed against his conviction for driving with excess alcohol. He said that the machine used to measure the alcohol in his breath did not have type approval. The schedule to Approval 1998 for the purposes of section 7(1)(a) of the Road Traffic Act referred to ‘the device known as the Intoximeter EC/IR manufactured by Intoximeters Inc, of St Louis, Missouri, United States of America, composed of the Intoximeter EC/IR, the Intoximeter EC/IR gas delivery system by BOC limited the software version EC/IR UK 5.23.’ The Sheriff held that the device conformed to type approval in terms of the manufacture, although it had not been manufactured by Intoximeters Inc of St Louis.
Held: The appeal failed. The Sheriff correctly determined that whether or not the particular device was approved did not turn on the identity of the manufacturer.


Lord Cameron Of Lochbroom And Lord Justice Clerk And Lord Maclean


[2002] ScotHC 125




Road Traffic Act 1988 5(1)(a), Breath Analysis Devices (Scotland) Approval 1998



Cited by:

CitedCoxon v Manchester City Magistrates Court Admn 11-Mar-2010
The defendant sought judicial review of the magistrate’s refusal to state a case for an appeal against his conviction for driving with excess alcohol, saying that the intoximeter used had not received type approval as required. The defendant’s . .
Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 08 June 2022; Ref: scu.190978