Driving with a concentration of a specified controlled drug
Discussion
Drug driving offences already exist of course - see section 4(1) RTA 1988 for example; wherein the prosecution must prove unfitness to drive through drugs - which isn't always as easy as it sounds.
A new strict liability offence is pending (coming into force 2nd March 2015) - Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit - contrary to section 5A Road Traffic Act 1988. The specified controlled drugs include some prescription medications as well as some classified drugs; see below for the list.
There are several statutory defences in the new legislation:
- the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,
- D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and
- D’s possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).
- It is a defence for D charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to have committed the offence the circumstances were such that there was no likelihood of D driving the vehicle whilst the proportion of the specified controlled drug in D’s blood or urine remained likely to exceed the specified limit for that drug.
The full text is here: http://www.legislation.gov.uk/ukpga/2013/22/part/3...
The specified controlled drugs and limits (in microgrammes per litre of blood) are as follows:
Benzoylecgonine - 50
Clonazepam - 50
Cocaine - 10
Delta-9-Tetrahydrocannabinol (Cannabis) - 2
Diazepam - 550
Flunitrazepam - 300
Ketamine - 20
Lorazepam - 100
Lysergic Acid Diethylamide (LSD) - 1
Methadone - 500
Methylamphetamine - 10
Methylenedioxymethamphetamine - 10
6-Monoacetylmorphine - 5
Morphine - 80
Oxazepam 300
Temazepam 1000
The full text of SI 2014 No.2868 is here: http://www.legislation.gov.uk/uksi/2014/2868/pdfs/...
A new strict liability offence is pending (coming into force 2nd March 2015) - Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit - contrary to section 5A Road Traffic Act 1988. The specified controlled drugs include some prescription medications as well as some classified drugs; see below for the list.
There are several statutory defences in the new legislation:
- the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,
- D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and
- D’s possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).
- It is a defence for D charged with an offence by virtue of subsection (1)(b) to prove that at the time D is alleged to have committed the offence the circumstances were such that there was no likelihood of D driving the vehicle whilst the proportion of the specified controlled drug in D’s blood or urine remained likely to exceed the specified limit for that drug.
The full text is here: http://www.legislation.gov.uk/ukpga/2013/22/part/3...
The specified controlled drugs and limits (in microgrammes per litre of blood) are as follows:
Benzoylecgonine - 50
Clonazepam - 50
Cocaine - 10
Delta-9-Tetrahydrocannabinol (Cannabis) - 2
Diazepam - 550
Flunitrazepam - 300
Ketamine - 20
Lorazepam - 100
Lysergic Acid Diethylamide (LSD) - 1
Methadone - 500
Methylamphetamine - 10
Methylenedioxymethamphetamine - 10
6-Monoacetylmorphine - 5
Morphine - 80
Oxazepam 300
Temazepam 1000
The full text of SI 2014 No.2868 is here: http://www.legislation.gov.uk/uksi/2014/2868/pdfs/...
If D was unfit to drive by virtue of a drug (legal or not) which is not on the list of section 5A specified controlled drugs then the prosecution could bring a section 4 RTA 1988 case; see http://www.legislation.gov.uk/ukpga/1988/52/sectio...
Mk3Spitfire said:
Sorry....I read the OP as being some will be able to drive whilst having consumed a quantity of certain drugs.(or more accurately some will have a defence to having the drug in their system) With alcohol, there are no exceptions for certain people to exceed the limit.
Re: drink driving. Section 4 (as outlined above) does not set a limit for driving/in charge after consuming alcohol. D might be under the section 5 limit (35 in breath/80 in blood) but still unfit.The same considerations apply to the pending drug drive law. D may be under the proposed limit but still unfit.
D would have a defence if he took prescription medication (not illegal drugs) in accordance with medical advice - even if he were over the limit; see section 5A(3).
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