Media Release – Land Transport (Drug Trafficking) Amendment Act

Please attribute to Deputy Commissioner Bruce O’Brien

Tomorrow (11 March 2023), when the new Land Transport (Drug Driving) Amendment Act comes into effect, there will be new offenses and tougher penalties for drivers found to be driving with a disability. Applies.

For the first time, drugs that impair safe driving ability were restricted by law, introducing drug concentration levels and allowing for additional enforcement actions and penalties.

This is an important step towards reducing road damage from drug driving. Data gathered from fatal crashes highlight that the presence of toxic drugs in the blood of drivers is now about the same as alcohol in general, which he more than doubled since 2015. It is

In 2021, 93 people died in accidents in which the driver was found to be in possession of drugs. This represents almost a third of all deaths that year.

Police are ready to enforce these new laws and will continue to use current practices to identify drivers who are using drugs by conducting Compulsory Injury Testing (CIT). An analysis that can determine which enforcement action is considered appropriate for a crime.

The main changes from the law are:
• Introduced Schedule 5 into the Act containing 25 listed eligible drugs with the highest risk of impairing safe driving ability.
• New enforcement levels (or limits) with lower (threshold) and higher (high risk) levels for each eligible drug listed in Schedule 5
• Analysis of blood tests now confirms presence or levels of eligible drugs
• Introduction of violation level violations for drivers between the threshold level and the high risk level
• Increased penalties for driving after taking covered drugs, mixing with other covered drugs, and/or consuming alcohol.
• 82 new crimes.

Police undertook a procurement process to identify oral fluid testing devices suitable for conducting random street drug driving tests. After rigorous testing, no device exists that meets the standards and intent of the law.

Random roadside drug driving tests will continue to be conducted after amendments to the law, which will likely include confirmatory laboratory tests similar to how devices are used in other jurisdictions, including Australia.

The goal of this law is to detect and deter drug driving, which can affect the safety of everyone on the road.

Partner agencies are working together to implement the Road to Zero strategy, ultimately hoping to reduce the number of road deaths and serious injuries that devastate families and Whanau.

end
background notes
• Listed eligible drugs are 21 prescription drugs and 4 illegal drugs on Schedule 5, all other drugs are non-listed eligible drugs.
• 23 of the 25 eligible drugs listed are already in the Substance Abuse Act, with the exception of tramadol and zopiclone (to be included in 2023).
• Schedule 5 includes alprazolam, amphetamine, buprenorphine, clonazepam, cocaine, codeine, diazepam, dihydrocodeine, fentanyl, GHB, ketamine, lorazepam, MDMA, methadone, methamphetamine, midazolam, morphine, nitrazepam, oxazepam, oxycodone, temazepam, THC ( cannabis), tramadol, triazolam, and zopiclone.
• Prescription medications should be taken according to the current prescription and within the advice of the prescribing healthcare professional. Remember to check with the person giving you the medication that it is safe to drive. Check the drug label to see if there are any warnings.
Land Transport (Drug Driving) Amendment Act 2022
https://www.legislation.govt.nz/act/public/2022/0005/latest/LMS378859.html
Schedule 5 of the 2022 Land Transportation (Drug Driving) Amendment Act
https://www.legislation.govt.nz/act/public/2022/0005/latest/LMS378964.html