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.