{"id":2908,"date":"2015-01-26T13:22:42","date_gmt":"2015-01-26T12:22:42","guid":{"rendered":"http:\/\/sjbealehrconsult.co.uk\/blog\/?p=2908"},"modified":"2015-01-26T13:22:42","modified_gmt":"2015-01-26T12:22:42","slug":"employers-be-prepared-for-drug-driving-laws","status":"publish","type":"post","link":"https:\/\/sjbealehrconsult.co.uk\/blog\/employers-be-prepared-for-drug-driving-laws\/","title":{"rendered":"Employers – Be Prepared for Drug Driving Laws"},"content":{"rendered":"
\"drugs\"<\/a>

Source: Free Digital Images\/Serge Bertasius<\/p><\/div>\n

It has always been an offence to drive whilst taking drink and drugs that impair driving and this is laid out in Section 4 of the Road Traffic Act 1988, however, on 2 March 2015 new laws relating to drug driving come into force. \u00a0There will be a new offence of driving with certain controlled drugs including some prescription drugs. \u00a0Drivers will need to make sure they are fit and legal to drive. \u00a0Employers need to be prepared for the drug driving laws and and implement HR policies and procedures to protect the workforce covering all employees who drive on company business either in company or their own vehicles.<\/p>\n

The ability of the police to prosecute for drug driving offences has always been difficult meaning that there have been few prosecutions due to inability to prove impairment.<\/p>\n

Drivers who are impaired by drugs can already be arrested. \u00a0However, being over the limit with prescription drugs will be an offence.\u00a0Unlike the existing \u2018impairment\u2019 offence, the new law provides a medical defence for patients who are taking their medicine in accordance with instructions \u2013 either from a healthcare professional or printed in the accompanying leaflet \u2013 provided they are not impaired. \u00a0If they are impaired it will be an offence and prosecution may result.\u00a0This new offence will be section 5A of the Road Traffic Act 1988<\/p>\n

The government has produced guidance that advises patients who take legitimately supplied medicines to keep evidence with them in case they are stopped by police; this could include a GP letter or copy of the prescription. This will help speed up any investigation into the medical defence and reduce the inconvenience to the patient.<\/p>\n

The new regulations will come in to force at the same time as new equipment to test drivers for cannabis and cocaine at the roadside is expected to become available to the police. If a driver tests positive they will be taken to a police station where a further evidential test will be taken. If this is positive it will allow police to arrest and charge a driver for being over the limit. \u00a0Detection levels for illegal drugs will be low.<\/p>\n

The limits for each of the following drugs were set out by the government in 2014. \u00a0A medical panel of experts have advised on the most commonly used drugs and levels have been set where a road safety risk arises.<\/p>\n