POWERS enabling the police to conduct roadside drugs testing could be introduced alongside legally defined drug-concentration limits for drivers, if States Members back new legislation proposed by the Infrastructure Minister.
The amendment lodged by Constable Andy Jehan seeks to improve road safety by “deterring drug-impaired driving” and “ensuring a clear legal framework for enforcement”.
In his accompanying report, Mr Jehan notes that – while current legislation enables the prosecution of drivers impaired by drugs or alcohol – there is no statutory definition of a legal limit for drug use.
There is also no power for the police to conduct roadside drugs testing.
“This limits the ability of the police to successfully prosecute individuals driving under the influence of drugs, even where impairment is suspected,” the minister explained.
“The lack of evidential thresholds creates ambiguity in enforcement, undermines deterrence, and has made successful prosecutions challenging.”
Mr Jehan continued: “To address this, a cross-organisational Drugs Limit Working Group was created to identify appropriate drug limits, to try and deter people driving whilst under the influence of drugs and support future prosecutions.
“The group reviewed best practice from the UK and other jurisdictions and developed proposals for a Jersey-specific framework for drug driving offences.”
If approved, the proposed legislation would introduce a new offence of driving or being in charge of a motor vehicle with a concentration of a specified drug above a prescribed limit.
This would initially see limits for Delta-9-Tetrahydrocannabinol (THC), though further specified drugs could be added by ministerial order in the future.
The THC limit would be lower in cases where the driver also exceeds the prescribed
alcohol limit, or if the vehicle can only be driven by someone with a public service vehicle or Group 2 licence, or if the driver is a registered driving instructor and instructing at the time.
It would also introduce powers for trained police officers to carry out a preliminary drug test with approved testing devices.
The report notes that the result of a test would not be evidential, but would provide reasonable cause for arrest and formal blood testing at police headquarters should the officer suspect the driver to be under the influence of drugs.
