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New powers to help tackle the dangers of drug driving can be used from today announced David Jamieson, Road Safety Minister.

A new Code of Practice means that drivers will be compelled to undertake roadside impairment tests if the police suspect they are driving under the influence of drugs.

The Code details the way trained police officers must conduct the tests to help judge whether someone may be unfit to drive. Refusal to participate is an offence in the same way as failure to provide a breath test.

David Jamieson said:
'Drug driving puts lives at danger and is as irresponsible as drink driving. Drivers should never get behind the wheel when they're unfit to drive. Law abiding motorists are fed up with anti social drivers who put not only their own lives at risk but those of other innocent road users.'

'The Code of Practice issued today will help to further drive down the number of casualties on our roads. Testing will mean that a trained officer will have more information on which to judge whether a driver may be impaired and more evidence when deciding whether to make an arrest.'

The Code of Practice details the tests to be undertaken, how they should be administered, the kind of observations that may be made and the inferences that may be drawn. It also deals with the training for officers and their authorisation by Chief Constables. More than half of the police forces in England, Scotland and Wales already have officers trained in impairment testing with others set to follow.

The tests are a range of tasks including a pupilliary examination, the walk and turn test and the one-leg stand. Other training helps officers to recognise the outward signs of drug recognition.

Notes to Editors

1. The Code of Practice can be viewed via a link from
www.thinkroadsafety.gov.uk/campaigns/drugdriving/drugdriving/htm and on the Home Office web-site at www.homeoffice.gov.uk/docs/orders.html

2. The road traffic offence is to be unfit to drive through drink or drugs (section 4 of the Road Traffic Act 1988). Police must therefore demonstrate that a suspect may be unfit to drive and also that it may be through drugs, or drink, before making an arrest. It is for a court to consider the evidence and to decide whether an offence has been committed. Whether drugs or drink is suspected, impairment assessment will therefore always be an important part of enforcing the law.

3. The ability to test for the presence of drugs at the roadside, which requires type-approved equipment, will only confirm the presence of a drug. Such tests will not replace the need to prove impairment to drive. The type-approval specification for such equipment is expected to be ready in 2005.

4. Drugs includes prescription drugs or medicines, and
over-the-counter preparations as well as illegal drugs.

5. The penalties for driving while unfit through drugs are the same as for drink-driving. A maximum fine of 5,000, obligatory disqualification for 12 months (with 3-11 penalty points if exceptionally not disqualified) and the possibility of up to 6 months in prison.

6. Individual police forces are responsible for training officers and implementing the Code.

Public Enquiries: 020 7944 8300
Department for Transport Website: http://www.dft.gov.uk

Department for Transport
Great Minster House
76 Marsham Street
London SW1P 4DR