New drug driving laws introduced to Scotland 21 October

NEAR ZERO TOLERANCE TO DRIVING UNDER THE INFLUENCE OF DRUGS IN SCOTLAND.

Motorists could now face roadside drugs tests as of 21 October 2019.

Police will carry out testing using ‘mouth swabs for any motorist they suspect of drug driving or who has been involved in an accident or stopped for a traffic offence.  There will be a zero tolerance approach to the eight drugs most associated with illegal use, including cannabis, heroin and cocaine. Drugs associated with medical use will have limits based on impairment and road safety.

Justice Secretary Humza Yousaf said: “Driving a vehicle while under the influence of drugs is simply not acceptable. The consequences of causing a collision while under the influence can be devastating.

“I am grateful to Police Scotland, the Scottish Police Authority, and the Crown Office and Procurator Fiscal Service for their hard work to prepare for the new laws coming into force.

“Alongside our stringent drink driving limits, these new curbs will ensure Scotland’s law enforcement agencies have the most robust powers in the UK to tackle impaired and unsafe driving in order to keep people safe.”

Chief Superintendent Stewart Carle, head of road policing for Police Scotland, said:  “With our partners, we are committed to reducing road casualties and deplore the devastating consequences of drug driving on victims, their families and communities.

“This new legislation gives the police powers to detect, at the roadside, those selfish motorists who risk the lives of others and themselves by driving after taking illegal substances.

“Over and above our priorities for road safety, there will be wider benefits for improved public safety as these powers and new equipment will help us disrupt illegal drugs supply by dealers, and organised crime groups by deterring and detecting drug drivers.”

Background 

The drugs which have a near zero limit (zero tolerance limit) are benzoylecgonine; cocaine; delta–9–tetrahydrocannabinol (cannabis and cannabinol); ketamine; lysergic acid diethylamide (LSD); methylamphetamine; methylenedioxymethaphetamine (MDMA – ecstasy) and 6-monoacetylmorphine (6-MAM – heroin and diamorphine). The limits are not zero to allow for minor accidental exposure to such drugs.

The medicinal drugs which will have limits based on scientific evidence are clonazepam; diazepam; flunitrazepam; lorazepam; methadone; morphine; oxazepam; and temazepam.

A separate approach has been taken to amphetamine, balancing its legitimate use for medical purposes against its abuse.

Any person taking medication in line with the prescription they have can claim the medical defence to the new offence. However, they can still be prosecuted under the existing impairment offence if they are demonstrating impairment. If the prescription indicates that they should not drive while taking the medication then they are unable to claim the medical defence.

Existing law makes it an offence to be in charge of a motor vehicle while unfit to drive through drink or drugs, with the penalties – reserved to Westminster – being a minimum 12-month driving ban, up to six months in prison and a fine of up to £5,000. The new offence of driving while above specified drug limits will operate alongside the current offence and carry with it the same maximum penalties.

The specific details of the new limits can be found at:

http://www.legislation.gov.uk/ssi/2019/83/contents/made

 

Source: https://www.gov.scot/news/new-drug-driving-laws-to-be-introduced/

 

If you find yourself in a situation where you need expert road traffic legal advice – call us on Scullion LAW 0141 374 2121

Offices Hamilton, Saltmarket and West End of Glasgow.

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