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Study into the legislative regime for drink and drug driving

Scope

The Government is keen to promote measures to further reduce the number of deaths caused by drink and drug driving. Sir Peter North will advise Ministers on the merit of specific proposals for changes to the legislative regime for drink and drug driving, reporting by the end of March 2010. This report will inform the final contents of the next road safety strategy. 

Drink and drug driving are matters of significant public concern. Ministers believe there may be a case for reforming the current legal framework. However both topics raise complex legal and practical issues, and Ministers have decided to seek further expert advice before making a firm proposal.

For drink driving, the report will advise on the case for changes to the prescribed alcohol limit for driving (either reducing the current limit, or adding a new, lower limit, with an associated revised penalty regime). For drug driving, the study will advise on whether there is a need for new legislation to make it an offence to drive with a named substance in the body.  For both drink and drugs, the study will also set out the likely impacts of any changes on driver behaviour, and the practical steps needed to support introduction of any new or revised offence.

Following the receipt of the report, and subject to the views of Ministers, any specific proposals will be subject to consultation. 

As part of the study process, a full impact assessment will be developed, which will include an assessment of the costs of any proposed changes, including costs to the police, CPS and courts, equipment costs, and any wider impacts on the justice system. 

Detailed terms of reference

To carry out a study into the legal framework in Great Britain governing drink and drug driving and to provide Ministers with initial advice by 31 March 2010. To consider in particular:

On drugs

  • the evidence that a new offence is needed, taking into account the evidence base on the involvement of drugs in road fatalities/accidents, data on cases brought to justice etc;
  • how any new offence should be framed – for example, whether it should be based on an absolute ban, or as with alcohol and driving, a certain level of drugs within the driver’s system;
  • which drugs should be covered by any new offence (including the status of prescribed medications);
  • the consistency of any new offence with wider government strategies for tackling the adverse health and social impacts of drugs;
  • the practicability of identifying impairing substances in a legally robust way (including the availability of testing equipment);
  • whether, and if so how, administrative procedures (including the role of the Forensic Medical Examiner) could be improved;
  • evidence of any such offences in other countries, the associated penalty regimes and the success of policies in those nations.

On alcohol

  • the evidence that a new limit or framework of limits is needed, taking into account the evidence base on the involvement of alcohol in road fatalities/accidents;
  • the impacts of any change in the blood-alcohol limit on health outcomes, businesses and on the economy more widely;
  • how any reduction in the drink drive limit should be framed, and the associated penalty regime.