Drink and drug driving law - Transport Committee Contents


Written evidence from Dtec International Ltd (DDD 34)

  UK agent for Securetec "DrugWipe" global leaders in road side drug driver screening, helping save lives since 1996.

SUMMARY

  Sir Peter North Review was long over due and tried to focus on a particular set of problems highlighted by this committee in 2006 and 2008.

  In my view having been involved in this industry in the UK and abroad for 15 years, North Review does a fair amount to high light the failings and inadequacies of the current UK system with regards drink and drug driving and offers some credible suggestions as to effective solutions.

  When looking at other countries, I believe it is not acceptable for our Government to say we are better, or they have more to do to match us. Other countries may be coming from behind as far as over all fatalities and seriously injured, but importantly, they are doing more on drug driving and saving lives that could just as easily be saved here. That is, given suitable political will to make hard decisions, and very importantly, a more positive attitude from the Home Office and Department for Transport, especially when the rest of Europe and Australia is proving how effective currently available solutions are.

  My expertise is in reducing drug driving so I will focus on that and let others advise on the drink drive situation.

  It must be remembered that changing the law, or not, on drink drive, does not preclude law changes on drug driving and vice versa. If the public sees the alcohol limit remain at 80ng/ml, they will have an opinion some positive and some negative. If Government introduces changes or new laws to reduce drug driving, by far the vast majority of innocent public will agree with its introduction and more importantly be safer on the roads for it.

DRUG DRIVING

  The North Review highlights a number of significant improvements that can be made to the procedural side of apprehending and successfully prosecuting drug drivers. How ever, to make a step change and save a significant number of lives and reduce the harm (and reduce cost to NHS) of the 100 fold more significant injuries, we need to look no further than what has proven successful in Europe and Australia. The UK is now behind a dozen other countries, yet this successful and available solution could be implemented in the UK in as little as 3 to 6 months.

KEY POINTS

Step Change

  Germany successfully prosecuted 34,500 drug drivers in 2009. England and Wales only managed a couple of thousand. Yet the UK is Europe's largest consumer of drugs. The UK once lead this field with the worlds largest trial in the late 1990's and suggested the modification of road side screeners to what is used now. Yet the UK is significantly behind and has been for 10 years. The positive side is that a step change in saving lives and reducing injury can be achieved and not in two or three years, it can be done with what is successful and available now.

DRUID (DRiving Under the Influence of Drugs)

  No country from England, Scotland, Wales or Northern Ireland took part in the pinnacle of world research into drug driving performed in 18 countries. Why? The DRUID results, based on work done at the road side in 2008 and 2009 was unavailable to the UK as North Review closed because we were not a part of it. But DRUID and all its positives were made public before North was released. So we didn't take part in DRUID and didn't use its wealth of results in North.

Benchmark

  Has North benchmarked the UK against any other countries? There is passing remarks to what is being achieved else where, but North should be shouting out that with political will and departmental positive mental attitude, the same can be achieved here.

Field Impairment Testing (FIT) is not infallible.

  The UK is currently relying on Field Impairment Testing because the law requires proof of impairment. DRUID shows FIT is only 13% effective and even when the suspect tells the officer what drug they have just taken, the FIT is still only 33% effective!

  FIT is good to raise the knowledge and competence level of officers and can work in extreme cases of impairment with current "Driving whilst Impaired" laws. I believe the current law should remain. (see later) How ever, with a Zero Tolerance law, as in other countries, officers are trained to use some of the FIT type tests to realise that they need to use a road side screener.

HO vs DfT

  Department for Transport has ownership of Road Safety and the Fatal/Serious performance figures, but Home Office has the manpower element in the police and the Type Approval authority for any equipment used.

  The previous Government's politicians appear to have allowed these departments to put effort into effectively "not finding a solution". In my view this Government should make the political decision to solve the drug driving situation as best they can now. This instruction should be driven through both the DfT and HO departments and a step change achieved in half a year.

  Momentum will help drive development of better equipment and procedures and the UK can benefit from input and experience of a dozen other countries that already screen effectively at the road side.

Type Approval

  The Railways and Transport Safety Act 2003 Permitted police to use Home Office Approved road side screening devices. To be HO approved, any device has to pass a Type Approval. The specification of the Type Approval has been in several stages of Draft for 7 years now. Each successive one was slightly less demanding than previous, but still far too restrictive to accept any current device, or device likely for the next few years.

  Type Approval is necessary, but it should not preclude equipment that can significantly achieve what society wants, that is to SCREEN for the drug user and identify them for further steps towards successful prosecution.

  Current draft Type Approval specification asks for detection levels that are too low, and then sets Yes/No cut offs either side of that level that are neither necessary nor achievable.

  This set of cut offs was chosen arbitrarily by a committee of experts in the UK who have not taken part in any of the European or Australasian trials or successful implementations.

  We are talking about a "screener", not a full blown laboratory analysis machine.

  The road side screener is successful, reliable and available now.

  North hopes that one day a road side evidential device will be available.

  Perhaps but it is many years off before a suitable device could be built to both identify and to quantify in whole blood at the road side Should we delay and see people die and be seriously injured while we wait for the perfect solution?

  The UK introduced breath screening 43 years ago with glass tubes and blow in the bag. Technology stepped on every 10 years through electronic testers to the imminent arrival of evidential road side testers. What if Government had not had the courage to start back then, how many deaths and injuries would those 43 years have given us?

The myth of "Anyone who ever takes Cannabis will not be able to drive!"

  If we take the urban myth of "You can detect Cannabis use for a month, so I will never be able to drive" being the topic hit upon by most ill informed journalists to deliberately sensationalise the issue of drug driver screening.

  Screeners look for THC in saliva not for the long term metabolite THC-COOH. THC-COOH is a metabolite of THC. It is distributed via the blood into the body's fatty tissue, where upon it is slowly re-released over a period of several days or weeks into all the body's tissues and fluids. It is thereby also deposited on the skin in sweat but mainly detectable for many weeks in the urine.

  THC is the ingredient in Cannabis that causes impairment, not THC-COOH. THC is present in the saliva for a short period of time. Drug driver screening uses saliva at the road side to detect THC (not THC-COOH). THC in the blood is used for confirmation and prosecution.

  The lower we chase the detection levels of THC, the longer we can see back in time and the more people we will catch. Detection levels are available now that will catch the majority of users who have just smoked and importantly, are likely still impaired.

The UK's proposed list of 7 drugs to be screened for

  If we go with the most successful method found in Europe and Australia, we will screen at the road side for a list of the most common problem drugs.

  This is from the list of Cannabis(THC), Cocaine (and Crack), Heroin, Amphetamine and Methamphetamine.

  Benzodiazepines are screened for in some countries making a total list of 6 drugs.

  Methadone is not screened for in any country that performs road side screening. This is because it is relatively insignificant due to Heroin addicts having sold their car to buy drugs, Methadone users also take a range of other drugs and would show up on the list of 6. This was confirmed in studies from the UK some years ago.

  New drugs and illegally used medicines will I believe require the current Section 4 impairment law to remain in place.

Roadside vs at Police station

  "Catch your fish then fry them" is the motto used by the global leader in road side drug screening Securetec.

  The true effect of drug driver legislation is deterrent. The best deterrent is a credible one and that means drug users being caught whilst driving. Hence screening has to take place at the road side.

  Then a positive screen means a rapid and priority processing to obtain a blood sample for detailed and exact laboratory testing.

  The current system is ineffective for a number of reasons but principally because of the time delay between seeing bad driving, performing a FIT, calling for suspect transport to the station, queuing at the desk, waiting for a Doctor, then the Doctor assessment and finally a blood sample. The majority of drugs are fast acting and fast clearing, this Home Office measured delay was reported by Jerry Moore Police Liaison at the DfT Road Safety as averaging at 2½ hours by which time, most fast acting drugs are out of the suspects system.

  Many other countries will screen at the road side and take blood as quickly as possible either in a Drug/Alcohol bus or taken to a technician to extract the blood sample.

  Screening in the station is discussed by North as "a step" to take. Why? No other country performing drug driver screening does it at the station, it is ineffective. Screening at the station does nothing to help the officer at the road side to decide who they should arrest, it will not speed up the transport to the station, it will not prioritise the driver in the queue at the station desk, nor will it aid in the availability of a Doctor or technician to the station to take the sample of blood.

  I believe station screening was mooted by several companies that cannot successfully operate their devices at the road side as they require a stable environment to work. The device chosen by the majority of countries has been show to match or out perform the electronic station based reader devices, and can be used where it has the most effect.

  The bottom line is that the deterrent has to be maximised and that deterrent is the fear of being screened and found positive at the road side. Then prioritise them to rapidly have blood taken and sent to the lab for confirmation.

CONCLUSION.

  Please consider why do a dozen other countries use currently available equipment and are benefiting by saving lives and reducing injury, yet the UK is not?

  Also consider why the Transport Select Committee reviews of 2006 highlighted the problem of lack of cooperation and lack of results on drug driving, then 2008 pushed again for action, yet two years on, the matter is not resolved and is still in discussion. Meanwhile, another half dozen countries have started roadside drug screening!

  Government should in my view make sure the real effort is put positively into making an accepted road side screening system work. Improve in the future but start saving lives now.

August 2010

NORTH REVIEW RECOMMENDATIONS DRUG DRIVING SECTION BY POINT

R1.The correct statistics MUST be recorded and that will show the magnitude of the problem. Do not wait to see this before taking action. Every one involved knows the problem is there and needs sorting now, not after two years of benchmarking statistics.

R2.Yes, commission research, any changes should be monitored and researched, but not at the expense or delay of actually getting on with solving the problem!

R3.Detailing Field Impairment Test (FIT) information will help highlight drug driving as a priority and show officers that they will be supported for taking the time to do it. It will also high light the forces that are not doing enough. This is apparent with the percentages of breath tests post RTC when analysed by force.

R4.As above. If an officer stopped a car suspected of impaired driving, and only breathalysed, and the breath test is negative make the officer explain why they did not consider drugs and why they did not perform FIT or screen the driver.

R5.CPS to rely more on trained officers observations of impairment.

R6.It is unbelievable that a stolen Kit Kat is a recordable offence yet drink or drug driving is not. This is a simple solution which would have great effect in this world of targets and performance monitoring.

R7.The officer saw bad driving, trust them, take the blood as quickly as possible. Let the lab decide if illegal drugs are there. When Government considers changing the law for zero tolerance, they should allow for the option that one day in the future, technology could provide an officer with the capability to take a blood sample immediately at the road side? Most diabetics take samples daily.

R8 & R9.This is also so the health care professional knows they are not being asked to prosecute and remove the driving license of an individual, just to understand they are there to take a blood sample. Many Doctors have taken this view in the past.

R10.Proper paperwork.

R11.Earliest practical type approval, but this should be at the road side. Not seeing DRUID results meant North fell back on a supposed safe option that will not give a step change in deterrent or prosecutions. As for two years, the European system could be ready by the time the House passes legislation, which, with the right political will could be 6 months. In our view, the list does not require Methadone, but could be optional test.

R12 & R23.This research will be nigh on impossible for different people have different tolerances. Also the UK is a massive poly drug using community. Different drugs taken at different times for different effects. Then throw Alcohol into the mix. DfT's own research tried to show the additive effect of a small amount of alcohol on the impairment levels of a cannabis user. Don't let this research be a red herring and a substantial and costly delay to saving lives.

R13.As above. Impossible and time consuming.

Other countries have variously set either low levels from current research, to low levels as detectable by the global leader in road side screening, or, have set no levels at all. A simple test of if a drug from the list is detected at the laboratory (by what ever technique is used) this will be considered positive should be the aim.

Put the effort into the confirmation accuracy, not the screener that just finds then and deters them.

R14 & R21 & R22.Medical advice should include training Doctors to take responsibly for the advice they should give to patients about driving on medication. The simple "do not drive if affected" is not good enough from the Doctor, the Pharmacist or the Pharmaceutical industry. The traffic light system has been discussed for 10 years but there is no universal agreement.

R15.The light of day, don't wait for almost impossible research. Set a Zero Tolerance on the list of 6 drugs.

R16.Sec4 RTAct1988 should stay for medicines, medicines Over the Counter, medicines self prescribed, legal highs and anything else.

R17.Why wait, this step of screen at the road side can and is being done in a dozen countries now. This is because it is the only real true deterrent.

R18.Evidential will come, but don't wait until then! (See previous comments)

R19 & R20.High Risk Offenders loose their licence permanently in some countries. Germany, they need to attend specialist and prove over a period that they are reformed before a licence is re issued.




 
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Prepared 2 December 2010