Drink and drug driving law - Transport Committee Contents


Examination of Witnesses (Questions 206-234)

EAN LEWIS IAN FORCER AND ROB TUNBRIDGE

12 OCTOBER 2010

Q206   Chair: Good morning and welcome to the Transport Committee. Could I ask our witnesses please to identify themselves with name and organisation for our records?

Dr Rob Tunbridge: I am Rob Tunbridge. I am the independent member of the Panel. I have been doing drug-driving and drink-driving research for the last-

Chair: Just your organisation.

Dr Rob Tunbridge: I am an independent consultant.

Chair: Independent Member. It is just for our records. That is okay.

Iain Forcer: Iain Forcer; Concanteno.

Ean Lewin: Ean Lewin from Dtec International Ltd.

Q207   Chair: Thank you. Dr Tunbridge, you have said that you think a change in the drink-drive limit should be a relatively low priority. Why is that?

Dr Rob Tunbridge: I certainly think it is important to reduce the limit, but I don't regard it as the most fundamental problem because of enforcement. If you compare the situation in Great Britain as with other countries, we have an 80mg limit, whereas, to give a good example, if you look at France - like most of the European Union - they have a 50mg limit but they actually have a worse drink-drive record than Britain. It is a bit technical to go into it, but there is a universal standard which you can measure right across the world for the problem with drink-driving, and that is the percentage of drivers who are killed in accidents who are above a certain limit. The more enforcement that you have, the less that shows as a problem; fewer people involved in accidents are killed. That is a universal measure.

If you look at France, they don't actually take your licence away for a year until you are at the 200mg level, but in the UK, if you are two-and-a-half times the limit you lose your licence for three years and you have to have a medical intervention to get your licence back. I am definitely supporting a lowering of the limit, but I think all the evidence suggests that better enforcement - and one way of doing that would be to bring in roadside evidential testing - is a more important priority.

Q208   Chair: But do you support the North proposal on reducing the limit?

Dr Rob Tunbridge: I certainly support the reduction to the 50mg limit. I am just saying that I wouldn't regard it as such an important measure as bringing in evidential testing, which would allow the level of enforcement to go up. That would almost certainly bring down drink-driving.

Chair: I just wanted to clarify the position there.

Q209   Lilian Greenwood: Dr Tunbridge, in your professional opinion how prevalent and serious a problem is drug-driving?

Dr Rob Tunbridge: I was about to introduce that. I have been involved with drug-driving since the mid '80s when I was at the Transport Research Laboratory. I ran the first study of the incidence of drugs in road accident fatalities. The great advantage of doing measures in fatalities is that obviously people can't refuse to give you a sample; so providing you do the science properly it does give you an independent measure of the level of drugs in the road accident population. We looked at medicinal drugs and illicit drugs. In the '90s I moved to the Department for Transport, where I was responsible for research into drink and drug-driving. We carried out another study about 10 years later, again of fatalities. That showed a massive increase in the use of illicit drugs from 3% incidence to 18% incidence.

After that period, the Department then started to support lots of research into drug-driving. For instance, we did an experimental study on the effects of cannabis on driving about 10 years ago. That is the only absolute measure, if you like, of the incidence of drugs. It does show there has been a big increase between the '80s and the '90s, and has continued. As I think one of your other witnesses said, there is a tremendous amount of evidence that over that period as well, if you look at the British Crime Survey, for instance, which has been going for 25 years and is anonymous so it does give a good picture of drug uses, particularly recreational drug use over the time period, the level of increase of use of cannabis and the incidence of seizures of cannabis for instance have increased along with that.

It is a reasonable assumption to say that as the level of drug use in the community goes up, most people drive, and so, like drinking and driving, when you get a mixture of both you have a problem. The problem with drug-driving is that we don't at the moment have a device that can easily measure whether people have drugs or not, unlike drink-driving. We know a lot of information about the level of drink-driving because the police have roadside breath testers. We don't have that situation with drug-driving. I am sure that is what we will come on to, to be a principal point of the discussion, but at the moment we can't get that evidence because we don't have a simple measure. All the indicators of drug use in the population - surveys of people who are asked whether they take drugs and drive - are that there is a higher incidence they do. There is lots and lots of circumstantial evidence, and some evidence from drugs found in fatalities, but the information is nothing like as solid as it is with drink-driving.

Q210   Lilian Greenwood: We know from the previous evidence that there are about 2,500 driving fatalities a year. In how many of those cases were drugs found? Could you put a number on that?

Dr Rob Tunbridge: I do not know whether you have had the chance to read the detail of it. It is what I call the "tip of the iceberg" problem. Roughly between 600,000 and 800,000 roadside breath tests are done each year, of which about 100,000 are positive for drink-driving. That is consistently about 100,000 drink-drivers a year. The police normally have three reasons for stopping you and giving you a breath test: first, that they suspect that your driving is impaired - the way they see you driving; secondly, that you are involved in an accident and they can test you; or thirdly that you are involved in a moving traffic offence. For instance, you may jump a red light or one of your lights is not working.

The work I did at TRL on police records showed that around about 50% of cases were stopped because the police thought their driving was impaired. If you look at that 50% and take the 100,000 from the 800,000, you've got, say, 400,000 motorists, drivers, stopped when the police assumed that they may have been impaired but, because we don't do routine drug tests as opposed to routine alcohol tests, you have a small fraction of 1% which are coming through. They are almost certainly the ones who are extremely impaired. In fact, the study done by the Forensic Science Service in the '90s showed that, in cases that were admittedly suspect, over 90% were positive for at least one drug. That is suggesting there are a lot, but we can't quantify it at the moment because we don't have a testing device at the roadside. We are missing a substantial number of drug-drivers but we can't actually quantify that number at the moment.

Q211   Lilian Greenwood: Why do you think the UK is so far behind other countries in tackling and prosecuting drug-driving?

Dr Rob Tunbridge: That is a very good question and it is one I have personally been involved with for a long time. I think there is an attitude, particularly in the Home Office, that "We are going to do it our way; we are not going to be told". I am not saying it is necessarily anti-European, but the Home Office, who are responsible for type-approving the devices - they would be devices that could be used for drug testing, as they are for setting standards for roadside drink-driving - are suggesting we should have a screening device which is of the same order and standard of scientific quality as you would get if you took an evidential sample, where somebody has to take blood from you back at the police station. I think the thing to remember is that these are only screening devices.

My colleagues can give you chapter and verse on their accuracy, but it is my view that the main problems in terms of impairing drugs are with illicit drugs: cannabis, cocaine, heroin and amphetamines. They make up certainly in excess of 90% of the problem with impairing drugs. With the devices that are available at the moment and that are being used in lots of areas of Europe, and particularly in Australia, which tends to lead the field in taking road safety forward if you like, we know that in at least 90% of cases you will get a reliable test. At the moment, even though there is a small possibility that you will get a false positive result at the roadside, you are not going to prosecute that person. You are always going to have to take an evidential sample of blood. At the moment, we have 100% or very close to 100% false negatives because we are not actually testing people.

Q212   Chair: Would either of our other witnesses like to add their comments?

Dr Rob Tunbridge: Sorry; I don't want to hog the conversation.

Kwasi Kwarteng: Chair, I may have to give my apologies. I have to be somewhere else; I am sorry.

Ean Lewin: Just to try and put some facts and figures on the magnitude of the potential problem, as I say, we both work in Australia and we also then work in different countries where we have won contracts. An interesting one to me is that last year we took away nearly 35,000 licences in Germany. That is a population very similar to our population. We all attended a meeting at the Home Office last week for the introduction of the latest draft of the type approval, and a figure was put there that it could be 50% of the size of the alcohol problem, which puts the figure then at 50,000. What I think Rob was alluding to was, if the police screen 400,000 or 500,000 and only 100,000 are prosecuted, why did the police officers apprehend that driver in the first place for bad driving, and did they progress any further with the assessment for impairment, or did they have the ability to screen for impairment? The feedback we get is that they would very much like the ability to be able to assess for impairment and to screen for impairment, and then take that person further down for the confirmation test at the laboratory.

Q213   Chair: Mr Forcer, is there anything you wanted to say?

Iain Forcer: I think one of the reasons that we are behind other countries with regards to drug-driving is that the legislation of the countries that we work in - Australia, Italy and other parts of Europe - includes an offence where the offence is driving with a named drug in their system. That is screened at the roadside and then confirmed in the laboratory. Because our legislation focuses on impairment, it requires the field impairment test to progress that driver through the legislative channels. Last Christmas, there were 223,000 breath alcohol tests in the Christmas campaign and 489 FIT tests - field impairment tests. The way the legislation is worded, the enforcement levels aren't adequate to meet that legislation. There needs to be an increase in the field impairment testing, and then, where screening can fit into that legislation, that is how we should progress.

Q214   Paul Maynard: Mr Forcer just gave a very striking comparison of figures on alcohol testing and drug testing. Do you have any figures for Germany or Australia that would illustrate the balance there as well, just for comparison?

Iain Forcer: I know the state of Victoria was the first area of Australia to start roadside drug testing about five years ago. When they began testing, their expected positive rate on a breath alcohol test was around one in 250. Because they had been doing breath alcohol testing for a while there was education awareness similar to here in the UK. When they started doing the roadside drug testing they had a positivity rate of around one in 40 or one in 45, just showing the difference in the driver's perception of essentially whether they could be caught drink-driving compared with drug-driving. Since the testing has continued - and they've done hundreds of thousands of tests - that positivity rate has nearly halved, so it is around one in 70 or something. The combination of enforcement and the education and awareness campaigns that they've run - they do blanket road blocks, so they have these booze buses, drug and alcohol testing buses, and if they are on the side of the road you are going to get stopped and you are going to be tested. Now, the other states of Australia have taken up testing as well. If you are driving in Victoria you know that testing is prevalent and there is a good chance that you will be stopped, whether you are impaired or not. I think that is why their rate of prevalence has declined.

Dr Rob Tunbridge: Could I add another point to that? Those numbers represent what the Australians think are their two most serious problem drugs, which are cannabis and methamphetamine. They only test for those two drugs, so that is not including anybody who might be under the influence of opiates or cocaine. Most of the rest of the countries that have done drug-driving research pick up people taking those illicit drugs as well.

Ean Lewin: Could I add another point to that? Victoria was the first state that went with the testing. Each of the subsequent states that has started is following a virtually identical curve on the initial rates that they see, and the implementation of the awareness and the roadside deterrent is giving them the same sort of response curves in halving their occurrence and the rate of positives. I think there is an awful lot to be seen from their experience.

Q215   Paul Maynard: In terms of the equipment used, we are told in this country that the very tight, stringent rules that apply regarding type approval are a good thing because they protect the individual from potential inaccuracy or miscarriages of justice. Is there any evidence from the other countries that you work in that there are particular problems for the individual driver who finds himself banned unfairly because of an inaccurate test, or because of some failure of the equipment or whatever? Does that argument hold any water in your view?

Iain Forcer: I think, from speaking to officers in Australia, the first test is a screening test and they are not evidential and they are not 100% accurate. The police are trained to understand the limitations, as they are for testing. Anyone who is found positive then has a further sample taken, and it is screened in a laboratory using a confirmatory test. That is the only test which could be used in court. That will tell you both the level of drug and also the exact compound that has been detected.

From the Australians' point of view, if they are screening, and eight or nine people out of 10 - their screening test result is matching the confirmation test - then that is eight or nine people out of 10 they have brought through their legal system, increasing the safety on their roads.

Q216   Paul Maynard: Why do you feel that this country is so slow, therefore, in adopting this methodology, this equipment and this practice?

Iain Forcer: I think there is a feeling that maybe, whereas Australians are "glass half full" and eight or nine out of 10 is pretty good, here there is a feeling that one or two people might be inconvenienced. They are looking for maybe a golden bullet that at the moment doesn't exist, where there is a technology available that would significantly reduce the incidences of driving under the influence of drugs.

Q217   Paul Maynard: It is more than an inconvenience though. You would be losing your licence for quite some time.

Chair: Dr Tunbridge, do you agree with them?

Dr Rob Tunbridge: Absolutely. Can I just add another point which doesn't explain the reason for it but it is an observation? The attitude of officials - and I am basically talking about particular civil servants now rather than Ministers, because the civil servants advise the Ministers - seems to be much, much tighter. It may well be down the road of human rights. The Home Office has explained why we weren't involved with the DRUID project which, as you might have heard, has taken in 18 countries and tested 11 different roadside devices. There may be human rights issues of testing, although back in 1998 we conducted roadside trials with what were then prototype devices - the Cozart device and the DrugWipe. We gave people a questionnaire. We actually got 60% of questionnaires back from the roadside, which is a phenomenally high response, and 95% of those people were in favour of roadside testing. The attitude of the civil servants, particularly in the Home Office, has hardened. Just to use a quick analogy - I don't want to be hogging the conversation - if they had adopted that same attitude back in 1967, although I don't think any of you are old enough to have experienced roadside testing -

Chair: Don't take that for granted.

Dr Rob Tunbridge: You may remember that the first roadside screening devices - and you could still buy these in packets at some garages - had a very simple chemical compound that changed from orange to green when alcohol was indicated. If it went beyond a certain point that gave an indication that that person was over the limit. From 1967 to 1983, there really weren't that many tests because, if somebody blew positive at the roadside, the police then had to get a police surgeon to come in and take a blood sample. That is the sort of situation we are now in, if you like, with drugs. It wasn't until 1983 when we brought in evidential testing with a breath-testing device at the police station that over the course of the next 10 years the number of tests went up by a factor of six.

The point I am making is that that device is actually still type-approved by the Home Office. In the Highlands and Islands, some of the officers still only have these devices. So if they see that somebody has driven off the road or something they can breath test them and they can still use those devices, which have been around since the '60s. The point I am making here is that the accuracy of those devices is worse than what is being offered for drugs at the moment. It seems that the strictures, the standards, which the Home Office is setting are much higher than they would have been then and we would not have had any drink-driving enforcement for another 15 years.

Q218   Iain Stewart: I think my question has already been answered, at least in part, but let me just clarify. With regard to the lessons from the other countries - Australia and continental Europe - and the screening for drugs, is that for specific types of drugs? What I am trying to get at is, is there going to be a device that will test generally for the presence of drugs, be they legal or illegal, in the bloodstream?

Dr Rob Tunbridge: No, because they were-

Q219   Iain Stewart: It actually has to be specifically for-

Chair: Can we have short answers, please?

Dr Rob Tunbridge: Sorry. I will get somebody else to answer that because I feel I am hogging the conversation.

Ean Lewin: Just going back on the levels, we have to be careful that we look at, address and set levels at road safety issues, rather than it being at anti-drug levels. That is why we shouldn't really chase the levels down too low to the levels that have been asked for in the UK, which are lower than any other level in any other country we deal with. That is one of the problems we have. The other issue is that countries look at a list of drugs related to accidents. That is a shortlist. It carries 90% to 95% of the accidents and it can be quite competently managed by several manufacturers in the industry. That list is controlled in a road safety issue: for example, in the Department for Transport as opposed to that list being controlled in a list of illegal drugs. The key thing there is to detect the drugs that cause the accidents. If we can solve 90% to 95% of the problem and the only downside is somebody is detained long enough to give a confirmation sample that proves negative, then I think we are addressing the glass half full - I think it is an awful lot more than half full. It is beyond Pareto - the service that a number of companies could give this country at the moment.

Q220   Iain Stewart: Forgive me, I just need to clarify my mind. If, say, you want to check for cannabis presence in the bloodstream, is it the same test? By doing one test for cannabis could you also detect other drugs; for example, these party drugs that are still legal but clearly have an influence on behaviour? Is it the same physical test and can you actually do a catch-all service?

Ean Lewin: It is specified by country. In our experience, different countries say, "We would like this to be on the list". An interesting one is benzodiazepines, which have been added by a country recently. Nobody actually asks us to look for methadone because experience says that methadone consumption will also be detected by other drugs that have been consumed at the same time, but it is the same device that is used.

Q221   Iain Stewart: But it is the same actual procedure; you still take the same swab or whatever it is in the machine?

Ean Lewin: Yes.

Q222   Iain Stewart: It is not that you have to do this test for one drug and then take another sample for another drug: it can all be done from that one?

Iain Forcer: The only difference would be the more drugs there are on the test, the actual time it takes to carry out the test lengthens slightly. That would be the only difference.

Dr Rob Tunbridge: The other issue is that the chemistry is complicated. For the five drug groups - cocaine, amphetamines, opiates, cannabis and benzodiazepines which are the tranquillisers like Valium or Mogadon - the devices, and I don't want to get into showing you what they look like-

Q223   Chair: Dr Tunbridge, can you be a bit more concise?

Dr Rob Tunbridge: In the device for detecting there has to be a chemical marker on the strip which takes your saliva. A new chemical identifier, if you like, has to be developed for each new different type of chemical structure, so at the moment there isn't an immunoassay to detect mephedrone, which has recently become illegal. There is always going to be a catch-up process, which requires a need to show a problem for the manufacturers to put the money in to developing a test, but at the moment the devices only test for those five or six groups.

Ean Lewin: I would just like to push that answer to the next level. The key thing is there is a screening test and then there is the confirmation. There is also the zero tolerance. All the countries we work with have a zero tolerance law which has this specified list. The police officer always has the country's impairment law. If he still decides there is impairment there, they can still use the impairment law to go back and have the samples. What the zero tolerance system does is it allows that deterrent to be extremely effective, and that is what reduces the accidents and the person's willingness to take the risk to drive after having taken drugs. It is the combination of the two laws, and the combination of the selective list of, shall we say, going for the Pareto problem - going for the 80% or 90% on that.

Q224   Kelvin Hopkins: Very briefly, Dr Tunbridge has reinforced the prejudice I have had for a long time that British officials, by and large, will always find reasons for not doing something rather than doing something.

Dr Rob Tunbridge: Absolutely, particularly the Home Office.

Q225   Kelvin Hopkins: What you were saying is that it had to be driven by the politicians. We would never have had a health service if it weren't for Nye Bevan and we would never have had the breathalyser if it weren't for Barbara Castle.

Dr Rob Tunbridge: Absolutely.

Q226   Kelvin Hopkins: We have got to drive this.

Dr Rob Tunbridge: That is why-

Chair: Do you have any more questions?

Kelvin Hopkins: No.

Q227   Julian Sturdy: My question has really been partly answered. It was about the zero tolerance level. Australia and the other countries that are already doing this testing are doing it at the zero tolerance level at the moment. Is that what you are saying?

Ean Lewin: All countries have both, but the highest level of prosecutions tends to come from the zero tolerance system. They all have the impairment system, as we have, as a back-up, and it is up to the officer to decide: is this going to be a zero tolerance or is that person so impaired that they put them through the impairment route? The impairment route is also there for your medicines, your illegally used medicines, your other drugs and medicines that may impair you and other drugs that come along. With a zero tolerance and an impairment law, the police officer has 100% ability to catch.

Q228   Lilian Greenwood: I just want to clarify what exactly the test does, and I apologise for my ignorance on this. Does it detect the presence of a drug, or does it detect the level of that drug and therefore you can make an assumption about impairment as well?

Iain Forcer: The screening test result that you, as the user, will see will give you a positive or negative. It will give you an indication that there is a presence. The test itself is calibrated to a cut-off level which is set in the legislation. In the countries where we do roadside testing, if they say that if there is a level of cannabis, for instance, above a particular cut-off that is a positive result. The confirmation test will give you a numerical level at a concentration in nanograms per ml of a particular compound. Some countries include things like opiates, for instance, on their screening test - that could be heroin use but it could be codeine use because someone has a bad back or whatever, which could both give a positive screening result. The confirmation would then give a level of the particular opiate compound, and from that the toxicologist could say, "This is as we would expect for the medication that they say they are taking", or, "This is actually from heroin use". There are markers that they would use to distinguish between the two.

Q229   Lilian Greenwood: Can I ask a follow-up? When Hamish Meldrum from the BMA was in earlier, he seemed to suggest that there wasn't a consensus about what levels of presence of drugs in the body would have an impact on impairment in the same way that there is for alcohol. How is it possible to set your levels if there is no consensus about what level is impairing?

Dr Rob Tunbridge: That is why most countries have gone for zero tolerance, because it is extremely difficult, if not impossible, to relate levels of drugs to impairment levels. I will just give one example that I always use to show this. The tolerance to drugs is orders of magnitude, sometimes thousands of times different from the different levels of tolerance for alcohol. An absolute cracking example is that people in this country are allowed, if you are terminally ill, to drive on administration of medical morphine. If you look at those people and test them in experimental tests that relate to driving impairment, you would hardly see any noticeable effect on their driving. If those levels were in any one of our bodies, we would be dead. It just shows that it is so difficult to come up with reasons for tolerance and how quickly people's tolerance changes as they take drugs to excess.

That is why most of the countries have gone to zero tolerance. You don't worry about whether the person is impaired or not. If the drug - and I emphasise again - is found in blood as a confirmation of a screening test, not the screening test itself, above levels where scientists and toxicologists can say, "We are 95% certain that that drug is present at a particular level", that is a confirmatory test, then you have committed an offence.

Of course, that is a big political issue because at the moment it is only illegal to possess drugs: it is not illegal to take drugs. It is entering a whole new political wave, where you would have a road traffic offence for having the presence of drugs in your body, whereas somebody walking around in the same situation and not involved in a traffic offence would not be in that position. There are political, ethical and human rights issues in going to zero tolerance.

Q230   Mr Harris: That is no different from alcohol. You can go round drunk and that is legal, but you can't drive drunk. What is the difference?

Dr Rob Tunbridge: Sorry?

Q231   Mr Harris: The moral and political problem that you are suggesting is no different from what we already have as regards alcohol. Of course, it is perfectly legal to drink alcohol and to get drunk, and to be in a public place drunk. You can do anything you want drunk, but if you are caught driving while you are drunk then that becomes an offence.

Dr Rob Tunbridge: That is a very good point indeed.

Chair: Are there any further questions?

Q232   Lilian Greenwood: But isn't there a possibility that there are some people who have taken, albeit illegal, drugs like cannabis which are going to be detectable in their bloodstream but wouldn't actually be having any impact on their ability to drive? Could it unfairly penalise people?

Ean Lewin: This is if the level goes too low. At the moment, the control is principally the type-approval from the Home Office. If we go too low, we end up in this situation. There are a lot of countries out there that have been through this situation. They have worked their way through and they have tried to research this. There is a lot of information out there, and nobody is going to levels as low as have been proposed here. This is because they are keeping it as a road safety issue and the people who will definitely be impaired at those levels are the ones who are being processed. As technology improves - we've both probably got several generations we are working on, as have many other companies out there - we will look to be more specific on the type of molecule and be more specific on the type of drug; but also we might be able to be lower on the levels. Again, the lower you go, the more chance you make this an anti-drugs issue as opposed to a road safety issue.

Chair: Are there any further questions from anyone?

Q233   Julian Sturdy: Are any of the countries we have been talking about doing anything on prescribed drugs - testing on impairment of the actual prescribed drugs and enforcing that?

Iain Forcer: There are countries in Europe. Italy, for example, tests for a panel of six different drugs, which includes opiates and benzodiazepines, both of which can be prescribed, and opiates can be bought over the counter. The confirmatory test is the level. With the prescribed issues, we can look at the figures from the British Crime Survey, which as Rob said gives a good indication of recreational drug use in 16 to 59-year-olds, so it relates quite nicely to drivers. If you excluded drugs which had medicinal purposes and just looked at cannabis, cocaine, amphetamines and methamphetamines - so moved the prescribed issue to one side - that still accounts for about 86% of drug use in this country. I think in the same way as the Australian idea, if we hit 86%, that is surely better than zero.

Dr Rob Tunbridge: But medicinal drugs are a particular -

Q234   Chair: Did you want to add an additional point?

Dr Rob Tunbridge: Yes.

Chair: Okay, quickly.

Dr Rob Tunbridge: Sorry, Chair. These sorts of drugs are a particular problem, because most of the evidence that these are impairing, such as antihistamines make you drowsy, are taken from young volunteers using males between the ages of 19 and 25, rather than patient populations. You have to take into account the effect, particularly the road safety issues surrounding somebody who is on medicinal drugs. A patient who is depressed or anxious or if their nose is streaming down with something might, untreated, be more of a road safety danger. The drugs are taken as a sort of counter-effect. That makes decisions on medicinal drugs very difficult.

I know you discussed this with the earlier panel members, but it does make it a particularly difficult area to come up with red, green, orange and say what drugs should be labelled up with this. This is why virtually no countries in the world have actually adopted these systems. There are lots of myths saying, "Such-and-such a country has done this," and in fact they haven't, because of the difficulty in establishing, particularly for patients rather than young volunteers, what effects those drugs will have.

  Chair: Thank you very much for coming and answering all of our questions. Thank you.


 
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