Edited by Daniel ShenSmith, Friday, 6 Mar 2020, 17:51
Drug Driving and the haulage industry
The new law comes into force in England and Wales on 2.3.15. Should truckers be concerned?
Prohibited Drugs
If a driver has any one of a number of proscribed drugs in his bloodstream he will be breaking the law. The levels are different for each drug although they are set very low indeed. Therefore, even trace levels in the bloodstream will amount to an offence. The specified drugs include cocaine, heroin, cannabis, ketamine, LSD, and MDMA. Those for whom a night out at the weekend includes a snort of cocaine or an ecstasy tablet should be very concerned about the new law. There is no requirement, as there is with the current law, to show that the ability to drive was impaired. Simply the presence of the prohibited drug at a trace level within the bloodstream will amount to the commission of the offence. Given that traces of drugs can remain in the bloodstream for days after ingesting them this means that the risk of detection is prolonged.
How severe are the penalties?
The penalties are as severe as they are for drink driving.
Those convicted face a minimum 1 year driving ban, imprisonment for up to 6 months and fines of up to £5000 in extreme cases. For those who drive for a living the one year ban amounts to a potentially life-changing penalty on its own before one takes into account the other penalties. The offender also collects a criminal record (which won’t do his efforts to find alternative employment much good) as well as, potentially, finding it difficult to obtain visas to travel to countries such as the USA in future. When he does eventually regain his license he will, of course, face years of increased insurance premiums. Therefore, drivers should think very carefully indeed before engaging in any risky weekend entertainment.
What about over the counter drugs?
Just because drugs are sold without prescription does not mean that they are without potentially dangerous effects. Many over the counter remedies for things such as colds, flu, insomnia, travel-sickness, hay-fever and pain relief have ingredients which can adversely affect the ability to drive in a number of ways. Some of the above remedies can cause drowsiness, blurred vision, and, or, concentration problems. The effects can be aggravated by the casual failure to keep to the recommended doses set out on the instructions. It appears to be increasingly common with the pressures of modern life to overdose thereby aggravating potentially adverse effects of the medicines. If one is unfit to drive through taking over the counter medicines an offence under the current law, with all the potential consequences set out in the preceding paragraph, is committed. With the increasing focus on drug driving which is bound to occur with the new drug drive law motorists would be well advised to ensure that they take proper regard of the effects of all drugs whether prohibited or not. They should also bear in mind that when the new laws come into effect the current law relating to unfitness to drive will remain on the statute book.
Drug Driving and the haulage industry
Drug Driving and the haulage industry
The new law comes into force in England and Wales on 2.3.15. Should truckers be concerned?
Prohibited Drugs
If a driver has any one of a number of proscribed drugs in his bloodstream he will be breaking the law. The levels are different for each drug although they are set very low indeed. Therefore, even trace levels in the bloodstream will amount to an offence. The specified drugs include cocaine, heroin, cannabis, ketamine, LSD, and MDMA. Those for whom a night out at the weekend includes a snort of cocaine or an ecstasy tablet should be very concerned about the new law. There is no requirement, as there is with the current law, to show that the ability to drive was impaired. Simply the presence of the prohibited drug at a trace level within the bloodstream will amount to the commission of the offence. Given that traces of drugs can remain in the bloodstream for days after ingesting them this means that the risk of detection is prolonged.
How severe are the penalties?
The penalties are as severe as they are for drink driving.
Those convicted face a minimum 1 year driving ban, imprisonment for up to 6 months and fines of up to £5000 in extreme cases. For those who drive for a living the one year ban amounts to a potentially life-changing penalty on its own before one takes into account the other penalties. The offender also collects a criminal record (which won’t do his efforts to find alternative employment much good) as well as, potentially, finding it difficult to obtain visas to travel to countries such as the USA in future. When he does eventually regain his license he will, of course, face years of increased insurance premiums. Therefore, drivers should think very carefully indeed before engaging in any risky weekend entertainment.
What about over the counter drugs?
Just because drugs are sold without prescription does not mean that they are without potentially dangerous effects. Many over the counter remedies for things such as colds, flu, insomnia, travel-sickness, hay-fever and pain relief have ingredients which can adversely affect the ability to drive in a number of ways. Some of the above remedies can cause drowsiness, blurred vision, and, or, concentration problems. The effects can be aggravated by the casual failure to keep to the recommended doses set out on the instructions. It appears to be increasingly common with the pressures of modern life to overdose thereby aggravating potentially adverse effects of the medicines. If one is unfit to drive through taking over the counter medicines an offence under the current law, with all the potential consequences set out in the preceding paragraph, is committed. With the increasing focus on drug driving which is bound to occur with the new drug drive law motorists would be well advised to ensure that they take proper regard of the effects of all drugs whether prohibited or not. They should also bear in mind that when the new laws come into effect the current law relating to unfitness to drive will remain on the statute book.
http://www.shensmithbarristers.co.uk
Image credits:
mattza
James Palinsad
Ken Hawkins
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