The Government has introduced legislation that will give police the power to randomly screen drivers for drugs at the roadside using oral fluid testing devices – a move being welcomed by the road freight industry.
Legislation passed by the previous Government in 2022 enabled oral fluid testing (OFT) at the roadside for evidentiary purposes. However, police were unable to procure an OFT device suitable for evidentiary purposes.
The new legislation will enable OFT at the roadside for screening purposes, similar to drink-driving enforcement.
Drivers who refuse to undergo oral fluid testing will be issued with an immediate infringement notice and be prohibited from driving for 12 hours.
“Our Government is delivering where the previous government failed. We are enabling oral fluid testing at the roadside for screening purposes so that police can procure the drug testing devices needed to crack down on drug driving,” Transport Minister Simeon Brown says.
“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. Our legislation will empower police to randomly screen drivers for drugs, similar to how drink-driving is enforced,” he says.
The Land Transport (Drug Driving) Amendment Bill will be sent to the Transport and Infrastructure Select Committee for consideration after its first reading this week.
NRC supports roadside drug testing
Road freight body National Road Carriers Association (NRC) is welcoming the new legislation and says it will help keep the 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,’ chief executive Justin Tighe-Umbers says.
NRC has worked closely for many years with The Drug Detection Agency (TDDA) to reduce risks on the roads by providing operators and trucking companies with advice, guidance and testing services.
Tighe-Umbers says this helps truck drivers comply with the law and drive safely.
TDDA provides New Zealand and Australian businesses with end-to-end workplace substance testing, education and policy services. TDDA processes more than 250,000 tests each year throughout Australasia.
TDDA chief executive Glenn Dobson says official figures show 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 our roads. Despite this, only 26% of drivers think they are likely to be caught drug driving.
“We work closely with truck drivers across the country, we know they take their jobs and road safety seriously,” Dobson says.
“Professional drivers are people too, and any injury accidents – no matter who is at fault – cause mental distress and anguish. Managing road risks is in all our interests.
“Higher risk on the roads leads to accidents, accidents close roads and stop trucks, and when trucks stop so do many other businesses. That costs people money and the flow on effects continue, taxpayers fund crash investigations, businesses pay for TDDA post incident testing, and insurance premiums go up.
“Now is not the time to add cost burdens to families or businesses. TDDA firmly supports roadside drug testing to reduce drug-related road accidents, which will reduce injuries, save taxpayer money, and most importantly, save lives,” Dobson adds.
Tighe-Umbers says 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.”
The difference in approach:
- Legislation passed by the previous government in 2022 enabled oral fluid testing (OFT) at the roadside for evidentiary purposes. Police have been unable to procure an OFT device suitable for evidentiary purposes.
- New legislation will enable OFT at the roadside for screening purposes. Drivers who return a positive screening result will have an oral fluid sample sent for evidential laboratory testing. If that test confirms the presence of any specified qualifying drug at a level that indicates recent use, those drivers will be issued an infringement fee and demerit points.
- Drivers who return two positive results at the roadside will immediately be prohibited from driving for 12 hours. Drivers who refuse to take a screening test will be issued with an infringement fee and demerit points at the roadside and be prohibited from driving for 12 hours.
Specified drugs:
- The roadside screening and laboratory tests will be used to detect drugs specified in the Land Transport Act. These impairing drugs were included in the Land Transport Act on the advice of an independent expert panel.
Costs of implementation:
- The costs of implementing the new oral fluid screening regime will be met through the National Land Transport Fund.
