Roadblock for stoned driver law

Government plans to crack down on stoned drivers have stalled, with a political scrap emerging over whether the culprits should also face drugs charges.
Drug-driving bill will pass first hurdle - King

The Government is drafting laws to make driving while impaired by illegal drugs an offence similar to drink-driving.

But it is now unclear whether the law change, yet to be introduced to Parliament, has the support to pass.

Government allies the Greens and NZ First are on a collision course over whether motorists who are proved to be on drugs should face prosecution for also using illicit substances before getting behind the wheel.

It is understood the Greens have insisted on a provision being added to the bill preventing evidence gathered during bloodtesting of impaired drivers being used for any other purpose - including prosecution under the Misuse of Drugs Act.

It is highly unlikely that NZ First would support such a move, which would see police turning a blind eye to concrete evidence of illegal drug use.

Labour would need the support of both parties to push the legislation through Parliament.

Police already have the power to charge those considered to be "incapable" of driving through suspected drug use, but it is legally difficult to prove and rarely used.

The Government signalled last year that it would re-write the law governing drugged drivers.

One police study of 245 dead drivers found that 129 had drugs in their system. Of those, 80 had drugs and alcohol in their systems, 29 had cannabis only and 20 had prescription drugs.

In the two years to June 2006, police tried to test 95 motorists for drug use. The tests are voluntary and only 64 consented.

The Land Transport Amendment Bill would lower the legal threshold to being "impaired" by illegal drugs. Police would have the power to put motorists through a series of roadside coordination tests if the driver seemed impaired but passed a breath-alcohol test.

If the motorist was believed to be on drugs, they would have to undergo a blood test. If illegal drugs were found in the bloodstream, drivers would face the same penalties as if caught drink-driving: up to three months in prison or a fine of up to $4500 and at least six months' disqualification.

Green MP Metiria Turei said if the aim of the bill was to get unsafe drivers off the road "then the reason why they are incapable of driving safely is largely irrelevant".

Police already had considerable powers under the Misuse of Drugs Act: "All this would mean is that it's much, much easier for police to subvert (those) powers."

Ms Turei said the Green Party would have to be satisfied that the bill achieved its aims if it was to support it.

NZ First, which takes a much harder line on drug use than the Greens, is believed to be annoyed at that stance - and is also withholding its full support.

NZ First may agree to back the bill only to the select committee stage, but no further.

Police Association president Greg O'Connor said drugs were an "aggravating" factor in many road accidents. Frontline police needed better powers to curb drugged drivers.

"People cannot be driving around influenced by all sorts of substances and do so with impunity," Mr O'Connor said.

- © Fairfax NZ News