Further to previous consultations and proposals announced in 2012, the new criminal offence of 'drug driving' is due to come into force on 2 March 2015 in England and Wales. The changes being
Further to previous consultations and proposals announced in 2012, the new criminal offence of 'drug driving' is due to come into force on 2 March 2015 in England and Wales. The changes being introduced will give the police powers to test and arrest drivers who are suspected of driving whilst having certain controlled drugs in excess of the specified levels in the body.
Pilot tests by police commenced in December 2014 using the approved roadside testing kits also referred to as 'drugalysers' to deal with the issue of drivers who abuse drugs or exceed the limit for prescribed medicine. The drug screening devices are used to analyse samples of saliva to detect illegal substances as well as prescription drugs for so called 'legal highs' and will be used in a similar way to breathalysers for alcohol. Any positive tests will lead to a blood sample being taken to check the level.
The new laws set out the specific limits for 16 different drugs (regulation 2). This includes 8 general prescription drugs/licensed medicines (e.g. diazepam, morphine) and 8 illicit drugs which fall within a zero tolerance group (e.g. cocaine, cannabis). If convicted of drug driving the penalties include a fine of up to £5,000, up to 6 months in prison or both, a minimum of 1 year driving ban and a criminal record. The driving licence will also show the conviction for a period of 11 years.
The existing offence of driving whilst 'impaired' through drugs (section 4 and 5A; Road Traffic Act 1988) will remain in force. Police Officers are currently required to arrest suspects and take them to the station to undergo blood tests under medical supervision but, currently, suspects can escape prosecution if they claim to be unable to provide a sample or delay it enough for the drugs to leave their system. The additional rules aim to make the process more efficient and assist prosecution cases which often fail due to the difficulty in proving that the driver is impaired by a particular drug. An estimated 200 deaths per year are caused by drug driving.
Guidance has been issued by the Department of Transport for healthcare professionals in relation to drug driving to ensure that individuals taking prescription and over the counter drugs understand the new offence and their responsibility not to drive whilst impaired. The guidance can be accessed via this link https://www.gov.uk/government/.../healthcare-profs-drug-driving.pdf
There is of course an obligation on the healthcare professional to advise the individual of the risks and how to take their medication. This new offence is likely to underline the responsibility of those prescribing the drugs to provide the appropriate advice about the risks/side effects but also the legal implications of driving whilst impaired by prescribed drugs. Many prescription drugs come with the information leaflets and a warning that ‘this may cause drowsiness, do not use heavy equipment and do not drive’ but this is often ignored. The new legislation does provide a statutory "medical defence" if the patient is taking the prescribed medicine in accordance with the instructions provided but is found to have excess levels in their system. The Medical Defence Union has advised doctors to clearly document advice given to patients in line with the GMC's good medical practice guidance.
It will be interesting to see the extent to which regulators treat those convicted of drug-driving more severely than those convicted of driving with excess alcohol, particularly in cases where the practitioner has been found to have taken illicit drugs. There are cogent reasons to suggest that a caution or conviction for drug-driving in such cases will be viewed more dimly by regulators than excess alcohol convictions and may result in a more onerous sanction.
The Drug Driving (Specified Limits) (England and Wales) Regulations 2014 can be viewed here http://www.legislation.gov.uk/uksi/2014/2868/contents/made
Pilot tests by police commenced in December 2014 using the approved roadside testing kits also referred to as 'drugalysers' to deal with the issue of drivers who abuse drugs or exceed the limit for prescribed medicine. The drug screening devices are used to analyse samples of saliva to detect illegal substances as well as prescription drugs for so called 'legal highs' and will be used in a similar way to breathalysers for alcohol. Any positive tests will lead to a blood sample being taken to check the level.
The new laws set out the specific limits for 16 different drugs (regulation 2). This includes 8 general prescription drugs/licensed medicines (e.g. diazepam, morphine) and 8 illicit drugs which fall within a zero tolerance group (e.g. cocaine, cannabis). If convicted of drug driving the penalties include a fine of up to £5,000, up to 6 months in prison or both, a minimum of 1 year driving ban and a criminal record. The driving licence will also show the conviction for a period of 11 years.
The existing offence of driving whilst 'impaired' through drugs (section 4 and 5A; Road Traffic Act 1988) will remain in force. Police Officers are currently required to arrest suspects and take them to the station to undergo blood tests under medical supervision but, currently, suspects can escape prosecution if they claim to be unable to provide a sample or delay it enough for the drugs to leave their system. The additional rules aim to make the process more efficient and assist prosecution cases which often fail due to the difficulty in proving that the driver is impaired by a particular drug. An estimated 200 deaths per year are caused by drug driving.
Guidance has been issued by the Department of Transport for healthcare professionals in relation to drug driving to ensure that individuals taking prescription and over the counter drugs understand the new offence and their responsibility not to drive whilst impaired. The guidance can be accessed via this link https://www.gov.uk/government/.../healthcare-profs-drug-driving.pdf
There is of course an obligation on the healthcare professional to advise the individual of the risks and how to take their medication. This new offence is likely to underline the responsibility of those prescribing the drugs to provide the appropriate advice about the risks/side effects but also the legal implications of driving whilst impaired by prescribed drugs. Many prescription drugs come with the information leaflets and a warning that ‘this may cause drowsiness, do not use heavy equipment and do not drive’ but this is often ignored. The new legislation does provide a statutory "medical defence" if the patient is taking the prescribed medicine in accordance with the instructions provided but is found to have excess levels in their system. The Medical Defence Union has advised doctors to clearly document advice given to patients in line with the GMC's good medical practice guidance.
It will be interesting to see the extent to which regulators treat those convicted of drug-driving more severely than those convicted of driving with excess alcohol, particularly in cases where the practitioner has been found to have taken illicit drugs. There are cogent reasons to suggest that a caution or conviction for drug-driving in such cases will be viewed more dimly by regulators than excess alcohol convictions and may result in a more onerous sanction.
The Drug Driving (Specified Limits) (England and Wales) Regulations 2014 can be viewed here http://www.legislation.gov.uk/uksi/2014/2868/contents/made