Inquiry into drug driving reform

The Petition of certain citizens of the State of Victoria draws to the attention of the Legislative Council that the National Drug Driving Working Group clearly states that drug driving laws are specifically a driving offense and not a drug offense. Despite this, people who are not impaired, but may still have trace amounts of one of three prescribed substances in their bodily fluid, are frequently charged with a road offense. There is a significant economic and social burden from these unjustified infringements.

Driving while impaired is a serious matter but the current laws do not reflect an appropriate and just response to this. Broad community opposition to the program threatens to undermine legitimate strategies to address road safety. The situation is worse for medical cannabis users. If they choose to benefit their health, they may have to give up their right to drive, even when not impaired by medication.

Action

The petitioners therefore request that the Legislative Council call on the Government to give consideration to Recommendation 24 of the Law Reform, Road and Community Safety Committee’s Inquiry into drug law reform and refer the matter to the Legal and Social Issues Committee for inquiry into alternative drug driving regimes and changes that address the concerns of medical cannabis patients.

RECOMMENDATION 24: The proposed Advisory Council on Drugs Policy investigate the current drug driving laws and procedures to determine their effect on road crashes and as a deterrent strategy. The Council should also explore: Alternative drug driving regimes that use impairment limits/thresholds, and their potential applicability in Victoria

Options for expanding the types of drugs captured under the regime

Likely changes to drug driving laws resulting from medicinal cannabis use in Victoria.

Action

The petitioners therefore request that the Legislative Council call on the Government to give consideration to Recommendation 24 of the Law Reform, Road and Community Safety Committee’s Inquiry into drug law reform and refer the matter to the Legal and Social Issues Committee for inquiry into alternative drug driving regimes and changes that address the concerns of medical cannabis patients.

Research Note – Road Safety Amendment Bill 2015 Part 1 – Drug Driving

The Victorian Government have been expanding the RDT program, despite the saliva test equipment used by the police being ineffective at determining impairment.

This aspect of the RDT program has not been reviewed effectively, yet police powers have been continuously expanded with ever more resources allocated.

Road safety should focus on impairment without penalising non-impaired drivers.

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