Roadside drug testing legislation has passed its third reading in parliament this week enabling police to screen drivers for impairing drugs.

“Drivers who consume impairing drugs are a significant danger on our roads. In recent years, around 30% of road deaths have resulted from crashes involving drivers who had consumed impairing prescription or illicit drugs,” said Transport Minister Chris Bishop.

“The Government’s road safety strategy targets the highest contributing factors to fatal road crashes. The new roadside testing regime will be a key road safety tool because it will allow Police to better detect and deter drug-impaired drivers.”

The oral fluid testing regime will give Police the power to screen drivers for drugs at the roadside using oral fluid testing devices without the need to suspect drug use, similar to drink-driving enforcement.

Two positive roadside screening tests will be required before a driver is prohibited from driving for 12 hours, to address any immediate road safety risk. They will only be issued with an infringement penalty following a positive result from a laboratory test.

Drivers who refuse to undergo a drug screening test will be issued with an infringement penalty.

Transporting New Zealand Policy and Advocacy Lead Billy Clemens said the final legislation has been a long time coming, after legislation from the previous government couldn’t be implemented by Police due to the lack of appropriate testing devices.

“Forty-eight percent of fatal crashes involved driver alcohol and/or drugs as a contributing factor between 2021-2023,” he said.

“A lot of New Zealanders need to adjust their thinking about driving while impaired. The threat of 50,000 random roadside drug tests being done per year, potentially resulting in an immediate 12-hour driving stand-down and a fine, is a step in the right direction.”

Clemens said the legislation will complement the random drug testing already commonplace in road freight businesses.

“Our members take road safety seriously – the health, safety and wellbeing of drivers is currently one of the top three issues flagged in our 2025 Road Freight Industry Survey.

“This legislation is a practical step towards improving road safety outcomes for all road users.”