The new UK drug driving law - What does your business need to know and how can you keep your drivers safe and within the law

1. Drug Driving Legislation –
How is your Organisation Affected?
Dr Richard Evers –
Synergy Health

2. SHLS
Laboratory Services division of
Synergy Health
• Based in Abergavenny, South
Wales
• Established in 1986
• On-site Toxicology, Pathology and
PCR suites
Drug Driving Legislation – How is you Organisation Affected?

3. Services from SHLS
• Drug and Alcohol screening
• Urine
• Saliva
• Hair
• Breath Alcohol
• Drug and Alcohol sample collection services
• Clinical Pathology testing services
• Training services
Drug Driving Legislation – How is you Organisation Affected?

4. Drink Driving
• UK Legal Limit
• 80mg/100mL blood
• 35µg/100mL breath
• Preliminary Breath Test
• Evidential Breath Test
• Statutory Option Blood Test
Drug Driving Legislation – How is you Organisation Affected?

5. Drug Driving
Section 4 RTA
• Driving, or being in charge, when under the influence of drink or drugs:
• A person who, when driving or attempting to drive…on a road or other public
place, is unfit to drive through drink or drugs is guilty of an offence
• A person shall be taken to be unfit to drive if his ability to drive properly is for
the time being impaired
Drug Driving Legislation – How is you Organisation Affected?

6. Field Impairment Test
Standardised Field Sobriety Test
• Pupil size <3 or >6 mm
• Romberg Test
• Walk and Turn Test
• One Leg Stand Test
• Finger to Nose Test
Drug Driving Legislation – How is you Organisation Affected?

7. North Report
Alcohol – 28 Recommendations
•Removal of Statutory Option
•Reduce Drink-Drive limit to 50mg/100mL blood
Drugs – 23 Recommendations
•More F.I.T trained officers
•Type Approval for screening devices
•Set cut-off levels for drugs
Drug Driving Legislation – How is you Organisation Affected?

8. 2010-2013
• Research and expert panel
review
• Type approval for DT-5000
• Wide consultation on cut-off
levels
Drug Driving Legislation – How is you Organisation Affected?

9. Crime and Courts Act 2013
Addition of Section 5 (A) to Road Traffic Act 1988
Drug Driving Legislation – How is you Organisation Affected?

10. The Drug Driving (Specified Limits)
(England and Wales) Regulations 2014
Controlled Drug Limit (microgrammes per litre of blood)
Benzoylecgonine 50
Clonazepam 50
Cocaine 10
Delta-9-Tetrahydrocannabinol 2
Diazepam 550
Flunitrazepam 300
Ketamine 20
Lorazepam 100
Lysergic Acid Diethylamide 1
Methadone 500
Methylamphetamine 10
Methylenedioxymethamphetamine 10
6-Monoacetylmorphine 5
Morphine 80
Oxazepam 300
Temazepam 1,000
Drug Driving Legislation – How is you Organisation Affected?

11. Medical Exemption
Drug Driving Legislation – How is you Organisation Affected?

12. Medical Exemption
• Communicated by DVLA
• Information to pharmacists
• GP Bulletins
• Information to manufacturers
• Patient support groups
Drug Driving Legislation – How is you Organisation Affected?

13. Police Procedure
• Stop
• Field Impairment Test
• Roadside Saliva Screening Test
• Cannabis
• Cocaine
• Up to 3 tests
• Arrest and detention
• Blood test
• Medical exemption
Drug Driving Legislation – How is you Organisation Affected?

14. Laboratory Procedure
• Sample sent to laboratory
• Accredited by UKAS to ISO:17025
• Above specified limit
• Prosecution
• Below specified limit
• Schedule 4 prosecution
• No further action
Drug Driving Legislation – How is you Organisation Affected?

15. What does this mean to you?
• Managing Health and Safety at Work regulations
• Employer liable for employees actions
• Risk Assessment
• Recognising signs of drug use
• Recognising impairment
Drug Driving Legislation – How is you Organisation Affected?

16. Road Haulage
• Road Haulage Operators
• Responsible for drivers actions
• Traffic commissioners
• Drug & Alcohol policy in place
• Steps to reduce risks associated with Drugs & Alcohol
Drug Driving Legislation – How is you Organisation Affected?

17. Know your drivers
• What medications are they taking?
• Do they declare them to you?
• Codeine (co-codamol)
• OTC codeine <12.8mg
• POM >12.8mg
Drug Driving Legislation – How is you Organisation Affected?

18. Codeine
Controlled Drug Limit (microgrammes per litre of blood)
Benzoylecgonine 50
Clonazepam 50
Cocaine 10
Delta-9-Tetrahydrocannabinol 2
Diazepam 550
Flunitrazepam 300
Ketamine 20
Lorazepam 100
Lysergic Acid Diethylamide 1
Methadone 500
Methylamphetamine 10
Methylenedioxymethamphetamine 10
6-Monoacetylmorphine 5
Morphine 80
Oxazepam 300
Temazepam 1,000
Drug Driving Legislation – How is you Organisation Affected?
Controlled Drug Limit (microgrammes per litre of blood)
Benzoylecgonine 50
Clonazepam 50
Cocaine 10
Delta-9-Tetrahydrocannabinol 2
Diazepam 550
Flunitrazepam 300
Ketamine 20
Lorazepam 100
Lysergic Acid Diethylamide 1
Methadone 500
Methylamphetamine 10
Methylenedioxymethamphetamine 10
6-Monoacetylmorphine 5
Morphine 80
Oxazepam 300
Temazepam 1,000

19. Your drivers
• Do they know the law?
• Keep prescriptions handy
• Strong Painkillers
• Sleeping tablets
• Anxiolytics
• Specific conditions
• HIV
• Epilepsy
• ADHD
• Multiple Sclerosis
Drug Driving Legislation – How is you Organisation Affected?

20. Your company
• Drugs and Alcohol policy
• Is it fit for purpose and have staff been involved?
• Does it allow for testing?
• Employment Contracts
• Do they allow for testing?
• Do they require medical review by occupational health
• Managers
• Are they trained to recognise signs of drug use
• Do they know how to approach the situation
Drug Driving Legislation – How is you Organisation Affected?

21. Penalties - Criminal
• 1 year ban (minimum)
• Fine (max £5,000)
• Criminal record
• Endorsement (lasts 11 years)
• In charge
• Lower fine and discretionary ban
Drug Driving Legislation – How is you Organisation Affected?

22. Penalties - Civil
• Loss of job
• Car insurance costs
• Disclosure
• Visa problems (e.g. USA)
Drug Driving Legislation – How is you Organisation Affected?

23. Penalties - Operator
• Revocation or suspension of licence
• Disqualify from holding an operators licence
• Investigation into Health & Safety culture
Drug Driving Legislation – How is you Organisation Affected?

24. Penalties - Employer
• Corporate Manslaughter
• Prosecution by HSE
• Replacement of staff
• Reputational damage
Drug Driving Legislation – How is you Organisation Affected?

25. News Stories
• Night Nurse could put drivers over new drug limit
• The Independent, 30th January 2015
• Drivers could be over limit on prescription pills: Thousands face
prison and 12-month ban in 'zero-tolerance' crackdown
• Daily Mail, 8th July 2013
• Warning over drug-driving law and prescribed medication
• BBC News, 10th Feb 2015
• If you are taking your medicine as directed and your driving is
not impaired, then you are not breaking the law and there is
no need to worry – Robert Goodwill MP, Road Safety Minister
Drug Driving Legislation – How is you Organisation Affected?

26. News Stories
• For the first time you could find yourself in the dock for over
indulging in cough mixture the night before.
• Medical experts have also expressed reservations over drivers’
varying metabolisms and how prosecutors will prove motorists have
taken more than the amount prescribed by a doctor.
• Manchester Evening News, 24th February 2015
Drug Driving Legislation – How is you Organisation Affected?

27. Good Advice
• ‘None for the road’ for both drugs and alcohol
• Greater Manchester Police
• Users should always read product labels carefully and remember
that even legal drugs can have a serious impact on the ability to
drive
• Edmund King, president of the AA
• Don’t stop taking your medicines, prescribed or otherwise, if you are
worried about this new law
• Professor David Taylor, Royal Pharmaceutical Society
Drug Driving Legislation – How is you Organisation Affected?

28. Thank You for listening
Any Questions?
Dr Richard Evers –
Synergy Health