Govt introduces roadside drug testing legislation

In News5 MinutesBy NZ Trucking magazineAugust 1, 2024

The Government has introduced legislation that will enable roadside drug testing.

Alcohol and drugs are the number one contributing factor in fatal road crashes in New Zealand. In 2022, alcohol and drugs were contributors to 200 fatal crashes on the roads.

“Despite this, Police currently have no way to undertake saliva testing for drugs at the roadside, and only 26% of drivers think they are likely to be caught while driving under the influence of drugs,” said Transport Minister Simeon Brown.

“Although the previous government passed legislation to roll out roadside drug testing two years ago, progress stalled. Their legislation was flawed and unworkable and would have required oral fluid tests to meet evidentiary standards instead of simply being used as screening devices,” he said.

The new legislation will enable oral fluid testing at the roadside for screening purposes so Police can procure the drug testing devices needed to crack down on drug driving.

“Oral fluid testing is common overseas and is an easy way to screen for drugs at the roadside. Our approach will bring New Zealand in line with Australian legislation and will remove unnecessary barriers that have prevented Police from taking action to remove drugged drivers from our roads,” Brown said.

“Our legislature will empower Police to randomly screen drivers for drugs, similar to how drink-driving is enforced.”

Drivers who refuse to undergo oral fluid testing will be issued with an immediate infringement notice and be prohibited from driving for 12 hours to reduce the risk of tragic drugged driving outcomes.

“Finding more effective ways to target drugged drivers underlines this Government’s commitment to road safety,” Brown said.

“Our Government Policy Statement on land transport 2024 outlines our expectation that Police undertake 50,000 oral fluid tests per year once the roadside drug testing regime is rolled out.

“Our approach takes a much harder line on the causes of death and serious injury on our roads. We will do this by ensuring that motorists are safer and that people impaired by drugs think twice before getting behind the wheel.”

The Land Transport (Drug Driving) Amendment Bill will be sent to the Transport and Infrastructure Select Committee for consideration.

Transport industry backs legislation

The transport industry has come out in support of the roadside drug testing legislation.

Ia Ara Aotearoa Transporting New Zealand interim CEO Dom Kalasih said the push to test drivers for drugs through saliva testing is good news.

“Anything that makes the roads safer is excellent for truckies, and all road users,” he said.

“New Zealand’s truckies often see firsthand the horrific effects of drug and drunk drivers on our roads.”

Kalasih said there are some important issues to watch out for with any new testing regime.

“We’ll be examining the proposed legislation as there are a few concerns that need to be looked at, such as legal and prescription drug use which may trigger positive results,” he said.

“We’ll want to make sure the system has plenty of checks and balances and doesn’t stop people from driving who aren’t impaired.”

National Road Carriers CEO Justin Tighe-Umbers said the association supports the move to detect drivers under the influence of drugs to keep roads safe, productive and efficient.

“It is important that legislation is workable from a road freight operator perspective and NRC looks forward to working with the Government to achieve this,” he said.

Tighe-Umbers said higher risk on the roads also likely means higher insurance premiums as insurance is risk priced and you pay on probability.

“When households and businesses are already managing tight finances every step we can take to reduce drug-related road accidents will save money as well as saving lives and reducing injuries.”