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Prevention of Driving under the Influence of Drugs Bill [HL]


Prevention of Driving under the Influence of Drugs Bill [HL]

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A

Bill

To

Make it an offence to drive a motor vehicle while under the influence of a

controlled drug; to provide powers for police officers to undertake roadside

drug tests on drivers; to provide that statistics of drug-related road accidents

and deaths are collected and collated; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

 1     Using motor vehicles while under the influence of controlled drugs

     (1)    In the Road Traffic Act 1988 (c. 52) after section 40A (using vehicle in

dangerous condition etc.) there is inserted—

       “40B            Using motor vehicles while under the influence of controlled drugs

A person is guilty of an aggravated offence if he drives a motor vehicle

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on a road while under the influence of any controlled drug in Class A,

Class B or Class C of the Misuse of Drugs Act 1971 (c. 38).

       40C            Field impairment test and blood sample

A constable shall have the right to require any driver whom he

reasonably suspects of committing a moving traffic offence to take a

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field impairment test or require a blood sample for analysis or both, for

the purpose of establishing whether or not that driver is under the

influence of any controlled drug.”

     (2)    The Schedule to this Act, which makes amendments consequential on

subsection (1), shall have effect.

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 2     Reporting of statistics

     (1)    It shall be the duty of each Coroner to publish each year a report containing a

list of all accidents which led to fatalities in which any of the drivers involved

tested positive for any controlled drug.

 
HL Bill 44 53/2
 
 

Prevention of Driving under the Influence of Drugs Bill [HL]

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     (2)    It shall be the duty of each police force to publish each year a report

containing—

           (a)           a list of all accidents which led to fatalities in which any of the drivers

involved tested positive for any controlled drug, and

           (b)           a list of all accidents causing injury in which any of the drivers involved

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tested positive for any controlled drug.

     (3)    The Secretary of State shall make grants of such sums as are necessary to meet

in full the costs incurred by police forces and coroners in collecting and

publishing the statistics referred to in subsections (1) and (2) above.

 3     Short title, commencement and extent

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     (1)    This Act may be cited as the Prevention of Driving under the Influence of

Drugs Act 2003.

     (2)    Section 1 shall have effect in respect of offences committed after the end of the

period of two months beginning on the day in which this Act is passed.

     (3)    The Act extends to England and Wales only.

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Prevention of Driving under the Influence of Drugs Bill [HL]
Schedule — Consequential Amendments

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Schedule

Section 1

 

Consequential Amendments

  1        Schedule 2 to the Road Traffic Act 1988 (c. 52) is amended as follows—

           After the entry for section 40A of the Road Traffic Act 1988 there is

inserted—

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Provision

General nature

Mode of

Punishment

Disqualifica-

Endorsement

Penalty points

 
 

creating offence

of offence

prosecution

 

tion

     
 

RTA section

Driving under

Summarily or

Level 5 on the

Discretionary

Obligatory

4

 
 

40B

the influence

on indictment

standard scale

       
   

of controlled

           

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drugs

           
 

 

Prevention of Driving under the Influence of Drugs Bill [HL]
Schedule — Consequential Amendments

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