Drug driving laws to be introduced to Parliament

15/10/06
New laws to give police power to test for driving under the influence of drugs will be introduced into Parliament this week.
Community Safety Minister John Kobelke said the Road Traffic Amendment (Drugs) Bill 2006 would create two new offences - 'driving while impaired by a drug' and 'driving with a prescribed illicit drug in oral fluid or blood'.
These offences would carry penalties similar to current drink-driving penalties.
"The Bill also gives police the power to conduct random tests on drivers, just like the current random breath tests," Mr Kobelke said.
"Random drug tests will operate similar to random breath tests which take a roadside sample of a driver's expelled breath to make an initial test, followed by a blood sample if a positive result is received.
"Random drug tests will take a sample of saliva from the driver and give a preliminary test result at the roadside. If the result is positive, the driver will be asked to provide a further oral fluid or blood sample for independent laboratory analysis."
The Minister said the random roadside tests would target THC, the active component in cannabis, methamphetamine or 'speed' and MDMA commonly known as 'ecstasy'.
"After alcohol, these drugs are known to have the most road safety concerns and none are available legally," he said.
"The saliva tests will not detect the presence of prescription drugs, common over the counter medication or ADHD medication."
Penalties for 'driving with a prescribed illicit drug in oral fluid or blood' will be similar to those established for 0.05 blood alcohol content offences. They range from $200 and three demerit points for a first offence up to a $500 and three months' licence suspension for a third and subsequent offences.
The penalty for 'driving while impaired by a drug' will be the same as that established for the offence of 'driving under the influence of alcohol or drugs. These range from $800 and six months' licence disqualification for a first offence, up to $5,000 or 18 months' imprisonment and a permanent licence disqualification for a third offence or subsequent offences.
Minister's office - 9222 9211