|
|
|
|
| |
|
A
|
|
|
Bill
|
|
|
To
|
|
|
To
make it an offence to drive a motor vehicle while under the influence
of a
|
|
|
controlled drug; to provide powers for
police officers to undertake roadside
|
|
|
drug tests on drivers; to provide that
statistics of drug-related road accidents
|
|
|
and deaths are collected and collated;
and for connected purposes.
|
|
|
Be
it enacted by the Queen’s most Excellent Majesty, by and
with the advice and
|
|
|
consent of the Lords Spiritual and
Temporal, and Commons, in this present
|
|
|
Parliament assembled, and by the authority
of the same, as follows:—
|
|
|
1 Using
motor vehicles while under the influence of controlled drugs
|
|
|
(1) In
the Road Traffic Act 1988 (c. 52) after section 40A (using vehicle
in
|
|
|
dangerous condition etc.) there is
inserted—
|
|
|
“40B
Using motor vehicles while under the influence of controlled drugs
|
|
|
A person
is guilty of an aggravated offence if he drives a motor vehicle
|
5
|
|
on a road
while under the influence of any controlled drug in Class A,
|
|
|
Class B or
Class C of the Misuse of Drugs Act 1971 (c. 38)
|
|
|
40C
Field impairment test and blood sample
|
|
|
A constable
shal have the right to require any driver whom he
|
|
|
reasonably
suspects of committing a moving traffic offence to take a
|
10
|
|
field impairment
test or require a blood sample for analysis or both, for
|
|
|
the purpose
of establishing whether or not that driver is under the
|
|
|
influence
of any controlled drug.”
|
|
|
(2) The
Schedule to this Act, which makes amendments consequential on
|
|
|
subsection (1) shall have effect.
|
15
|
|
2 Reporting
of statistics
|
|
|
(1) It
shall be the duty of each Coroner to publish each year a report containing
a
|
|
|
list of all accidents which led to
fatalities in which any of the drivers involved
|
|
|
tested positive for any controlled
drug.
|
|
| |
|
|
|
|
|
|
|
|
|
|
| |
|
(2) It
shall be the duty of each police force to publish each year a report
|
|
|
containing—
|
|
|
(a) a
list of all accidents which led to fatalities in which any of the drivers
|
|
|
involved tested positive for any controlled
drug, and
|
|
|
(b) a
list of all accidents causing injury in which any of the drivers involved
|
5
|
|
tested positive for a controlled drug.
|
|
|
(3) The
Secretary of State shall make grants of such sums as are necessary to
meet in full
|
|
|
the
costs incurred by police forces and coroners in collecting and publishing
the
|
|
|
statistics
referred to in subsections (1) and (2).
|
|
|
3 Short
title, extent and commencement
|
10
|
|
(1) This
Act may be cited as the Prevention of Driving under the Influence of
|
|
|
Drugs (Road Traffic Amendment) Act
2003.
|
|
|
(2) Section
1 shall have effect in respect of offences committed after the end of
the
|
|
|
period of two months beginning with
the day on which this Act is passed.
|
|
|
(3) The
remainder of this Act shall come into force on the day on which it is
passed.
|
15
|
|
(4) The
Act extends to England and Wales only.
|
|
| |
|
|
|
