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New drug-driving laws: what it means to you

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Drug-driving

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2 March 2015

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Drug-driving law: what’s happening?

On 02 March 2015, the government introduced a new law to tackle drug-driving. This encompasses use of illegal drugs and also covers some prescribed drugs. If you are found guilty you will face:

Drug-driving law advice for business car drivers

  • Always take your medicine in accordance with the advice of a healthcare professional or printed in the accompanying leaflet
  • If you are taking the drug lawfully and in accordance with the advice of a healthcare professional, the new law provides a ‘medicinal defence’
  • If you have been prescribed medication, keep proof of this with you in the event you are stopped by the police
  • Information on whether any particular medicine is affected by the new legislation can be found in the Summary of Product Characteristics for that medicine
  • It remains the responsibility of all drivers, including patients, to consider whether they believe their driving is, or might be, impaired
  • If you are taking your medicine as directed and your driving is not impaired then you are not breaking the law

Source: IAM

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  • a maximum six-month jail sentence,
  • £5,000 fine,
  • automatic 12 month driving ban, and
  • a criminal record.

Here you can find advice on what to do if you’re a small business and run company cars for your staff; and advice on the prescribed drugs affected by the new law if you’re a company car driver.

Drug-driving law if you are a business car manager

Safety campaigner Brake has issued quick crib sheet to help employers handle the risks to company car drivers on medicated drugs posed by tighter drug-drive laws.

New regulations could see some drivers risking driving convictions even on prescription drugs – see Medicated employee drivers new risk for SMEs

Brake’s resource pack for employers and road safety professionals includes:

  • Guidance report for employers on tackling drink and drug driving the workplace, with expert advice and information on testing policies and raising awareness;
  • Driver advice sheet on drug driving, designed to be given to drivers in the workplace to highlight this under-addressed issue;
  • Poster highlighting the case of Lilian Groves, a 14-year-old killed outside her home by a speeding driver on cannabis, whose family campaigned alongside Brake for the law.

Brake is giving away free copies of the pack to the first 25 professionals to fill in the form at brakepro.org/zerotolerancepack. Brake Professional members can download it from the members’ area on brakepro.org. The poster is also available to download for free from brake.org.uk/shop.

Drug-driving

How extensive is drug-driving?

A Brake survey found that the equivalent of one million drivers (3%) admitted to having driven on drugs in the past year. While 11% said they thought they had been a passenger with a driver on drugs. It’s estimated that drug driving may account for as many as 200 deaths a year in the UK.

Julie Townsend, deputy chief executive, Brake, said: “Drink and drug driving wrecks lives, and it is a crime for which there is no excuse. We believe the government is doing the right thing by taking a zero tolerance approach; we hope this will make it clear that driving on any amount of drugs won’t be tolerated.”

Drug-driving law if you are a business car driver

The current law is Driving whilst impaired through drugs (whether due to non-medical use of drugs or due to legitimate use of medicines) – Road Traffic Act 1988 Section 4. The police have to prove that the drug has caused this impairment. This offence will remain in force alongside the new drug-driving offence.

Under the new drug-driving law the police need only obtain a blood sample and show that certain drugs are present above specified limits in the sample. It has been designed to make it easier for the police to tackle drug drivers.

The new legislation will – it will reduce the wasted time, expense and effort involved for the police and the courts when prosecutions fail because of the difficulty of proving that a driver is impaired by a particular drug under current legislation.

Road safety charity the Institute of Advanced Motorists (IAM) has described the introduction of new drug-driving laws as ‘a big step forward for road safety.’

For the first time there are limits for illegal drugs including heroin, cocaine, LSD and cannabis as well as a number of medicinal drugs including morphine and methadone.

The IAM says that business car drivers taking prescribed and over-the-counter medication should read the accompanying information very carefully to see if the prescribed dosage will impair their ability to control the vehicle.

Sarah Sillars, IAM chief executive officer, said: “The IAM has always stated there should be no doubt to drivers and riders as to what the correct course of action should be; no-one should be driving while under the influence of alcohol or any illegal drugs in your system.”

On the next page >> The 16 specified drugs

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