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27 December 2004 - New Code of Practice for
Preliminary Impairment Tests on Drugs Driving
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Police now have the
powers to stop suspect drivers and carry out roadside impairment tests under
the new Code of Practice for drug driving, issued by the Secretary of State
Road Traffic Act 1988 Sections 3A, 4 and section 6B, as amended by the
Railways and Transport Safety Act 2003, for the use of trained and
authorised police officers.
The code outlines the
way in which the trained police officers must conduct the tests as follows:
- The tests to be undertaken
- How they should be administered
- The kind of observations that may be made
- The inferences that may be drawn.
The range of tasks within the tests are as follows:
- A pupilliary examination
- The walk and turn test
- The one-leg stand.
The Road Safety Minister commented:
"The Code of Practice
issued this week will help to further drive down the number of casualties
on our roads. Testing will mean that a trained officer will have more
information on which to judge whether a driver may be impaired and more
evidence when deciding whether to make an arrest".
Although police officers must demonstrate unfitness to
drive in accordance with Road Traffic Act 1988, prior to an arrest, the
ultimate decision as to whether an offence has been committed or not, lies
with the courts.
Penalties for drug driving are on a par with drink driving
and are as follows:
- Carry a maximum fine of £5,000.
- Mandatory disqualification for 12 months with 3-11
penalty points on license, if exceptionally not disqualified, possibility
of up to 6 months imprisonment.
The term 'drugs' includes over-the-counter medicines,
prescription drugs and illegal drugs.
The Code of Practice can be accessed by clicking the
following:
Code of Practice for Preliminary Impairment Tests
Article by Alexandra Johnston
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