Zero tolerance
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A new drug-driving offence was unveiled in the Queen’s Speech. How can operators and drivers prepare for it?
Words: Guy Sheppard A new drug-driving offence is to become law in 2014, making detection easier for police and penalties tougher for offenders.
Drivers can be prosecuted for driving while impaired by drugs at present, but there are few convictions when compared with drink-driving. With no authorised equipment for roadside drug testing in the UK, police conduct what is called a field impairment test, examining such things as pupil dilation, balance and co-ordination.
Under the new system, police will be able to screen suspects at the roadside using a so-called drugalyser and then test their blood or urine for drugs. If samples exceed the specified limit for each drug, the penalty will be up to six months in prison and/or a fine of up to £5,000 – plus an automatic driving ban of at least a year. Drug limits will be set following public consultation and advice from a panel of drug misuse experts. Operators are obliged to report drivers’ convictions to the traffic commissioner, which could lead to a driver conduct hearing or affect the O-licence at a public inquiry.
The legislation, unveiled during the Queen’s Speech in May, has important implications for the road transport industry. With detection of offenders more likely, drivers will need reminding about the risks of taking prescription and over-the-counter drugs. Employers need to be aware of their obligations under health and safety at work and corporate manslaughter legislation.
Is the problem widespread?
A BBC Radio investigation, broadcast in April, found evidence that long distance lorry drivers regularly use Class-A drugs, such as cocaine, to relieve boredom and stay awake.
In the programme, three anonymous drug-testing companies suggested that 10% of drivers working in the road transport industry were taking illegal drugs. Consultant Dr Rob Tunbridge, who formerly worked for the Transport Research Laboratory, describes this figure as “absolutely credible” having researched drug-driving since the 1980s. However, Pat Nicholson, founder member of the Professional Drivers Association, says: “Lorry drivers have paid too much for their licence to risk it by taking drugs.” She argues they are far more likely to consume an energy drink rather than drugs if feeling drowsy.
In evidence submitted to MPs in 2010, the Road Haulage Association said that the majority of its 8,000member companies did not test for drugs when asked about the issue, saying they did not think drug use was a problem. However, a minority did suspect it was significant.
The number of licence endorsements for driving or attempting to drive while unfit through drugs rose from 835 in 2008 to 996 last year. The figures, from the DVLA, do not show how many were LGV drivers. The rise may reflect the increasing popularity of recreational drugs across society as a whole.
Medication
If drivers take medicinal drugs they will have a legal defence under the new law, provided they follow medical advice or the instructions given out by the drug manufacturer.
However, failure to do this is a widespread problem, according to North’s review that was published two years ago. “Recent studies show very poor rates of compliance with prescription directions in some patient populations, such as those with chronic pain.” Angie Davies is driver training manager for Somerset County Council, which runs a Driver CPC course covering drug-driving. She points out that new “accelerants” , which are designed to make drugs such as pain killers work faster, can cause complications.
“I had one driver who described how he took something he’d got from the chemist for a headache and he suddenly realised he shouldn’t be driving. Drug use, whether it’s medicinal or recreational, has very individual effects. It may work for one person, but have completely different side effects on another.”
Who needs to know?
Davies highlights the importance of reporting any driver suspected of being under the influence of drugs while driving. She recalls how one of Somerset’s volunteer drivers lost a leg when working as an LGV driver in his former job. He had been run over by a colleague who was driving a forklift truck.
“He was marginally aware that this person was doing recreational drugs beforehand and, when it came to court, his compensation was reduced for knowingly not reporting this. Under health and safety law, if you’re aware of something like this going on in the workplace, you should report it,” she said.
According to Don Armour, fleet information manager for the Freight Transport Association, employers also need to be mindful of the corporate manslaughter law, which can lead to unlimited fines. “If management has known there is a problem but, for whatever reason, has not done anything about it, it would be for the courts to decide whether it should be subject to a corporate manslaughter charge.” He acknowledges that proving a driver is unfit to drive because of drugs will probably be difficult, but says an employer should be able to show that it has policies and procedures in place to prevent this and that these are communicated to the workforce.
“If a transport manager suspects something is not right, he could put the driver into something like stock control for the day instead of driving,” he adds.
Employers can insist on being informed about medication as part of their conditions of employment. Nicholas Pink, transport training manager for frozen food distribution specialist Reed Boardall, says its drivers are instructed to tell management about any drug they are taking that is stronger than the painkiller Ibuprofen. ■
WORKING TOGETHER
Our Drivers Need to Know series is designed as a training tool. Transport managers and drivers can work through the headings at toolbox meetings. If there are any subjects you would like us to include, contact our legal editor Roger Brown on 020 8912 2168 or email: roger.brown@roadtransport.com
Dangers of drug-driving
A government-commissioned review into drinkand drug-driving, led by legal expert Sir Peter North, concluded that the number of casualties linked to drugtaking by drivers was likely to be an underestimate. In 2008, these totalled 60 deaths and 280 serious injuries.
The level of impairment caused to drivers varies according to the drug involved. With illegal substances like cannabis, reaction times are slower and maintaining lane position more difficult, while stimulants such as cocaine can increase risk taking. Anti-depressants can make concentration more difficult.
Further information
Details of Driver CPC courses covering drugs, including ones run by Somerset County Council and Reed Boardall: www.drivercpc.org/ en/approved-centres-courses/ courses/ BBC Radio 5 Live investigation into drugs and truckers: www.bbc.co.uk/ news/uk-17563574
Government advice about drug driving: http://drugdrive.direct.gov. uk/legaldrugs.shtml