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A spokesman for the Transport and Housing Bureau today (March 1) said the Road Traffic (Amendment) Ordinance 2011 will come into effect on March 15, 2012. The Ordinance imposes stricter controls over drug driving and provides the Police with necessary powers to combat drug driving more effectively.
The Ordinance brings in a "zero-tolerance offence" against six "specified illicit drugs", namely heroin, ketamine, methamphetamine (commonly called "ice"), cannabis, cocaine and MDMA (commonly called "ecstasy"), which are dangerous drugs and the most common drugs of abuse.
The spokesman said, "It will be an offence for anyone to drive with any concentration of the six specified illicit drugs present in his or her blood or urine (i.e. the zero-tolerance offence), whether his or her driving ability is impaired or not.
"A person who commits the zero-tolerance offence will be liable to a maximum fine of $25,000 and to a maximum imprisonment term of three years. The person will also be subject to driving disqualification for not less than two years on a first conviction, and not less than five years on a subsequent conviction."
If a person drives under the influence of a specified illicit drug to such an extent as to be incapable of having proper control of the motor vehicle, he or she will be liable to heavier penalties, viz a minimum driving disqualification period of five years on a first conviction, and 10 years on a subsequent conviction, in addition to a maximum fine of $25,000 and a maximum imprisonment term of three years. The court may order life disqualification from driving if the person has previously been convicted of the same offence and with regard to the circumstances of the case.
"For the offence of driving under the influence of a drug which is not a specified illicit drug, to such an extent as to be incapable of having proper control of the motor vehicle, the person will be liable to a maximum fine of $25,000 and to a maximum imprisonment term of three years. The person will also be subject to driving disqualification for not less than six months on a first conviction, and not less than two years on a subsequent conviction. A statutory defence will be provided to drivers who have used medicinal drugs in accordance with the instructions of a health-care professional or a drug manufacturer and have taken appropriate measures to avoid drug driving," the spokesman said.
The Ordinance also empowers a police officer to require a person to undergo preliminary drug tests, if the driver is involved in a traffic accident or has committed a traffic offence when the vehicle is in motion, or is suspected of driving under the influence of specified illicit drugs or other drugs or driving after use or consumption of specified illicit drugs. Preliminary drug tests include Drug Influence Recognition Observation and the Impairment Test.
"On completion of the Drug Influence Recognition Observation, if a police officer is of the opinion that the driver is under the influence of a drug, he or she may require the driver to undergo an Impairment Test in a designated police station," the spokesman said.
"After conducting preliminary drug tests, if the police officer forms an opinion that the driver's ability to drive is impaired, the police officer may require the driver to provide specimens of blood and/or urine for laboratory analysis. It will be an offence for the driver to refuse to perform the preliminary drug tests or provide blood and/or urine specimens for laboratory analysis without a reasonable excuse," the spokesman added.
A driver who fails to undergo the preliminary drug tests or who undergoes the preliminary drug tests and is assessed as having driving impairment is required to surrender his or her driving license for 24 hours, as he or she would be unfit to drive immediately.
The spokesman said the Road Safety Council will publish a leaflet to explain to drivers information relating to the new legislation against drug driving, including enforcement, contents of the Impairment Test and common medicinal drug categories that may impair driving ability. The leaflet will be distributed through various channels (including toll booths of tunnels, 18 District Offices, the Transport Department (TD)'s Licensing Offices and government multi-storey car parks). The information will also be uploaded on the TD website (www.td.gov.hk). The Road Safety Council will also widely publicise the new legislation through Announcements in the Public Interest on TV and radio in order to urge drivers not to drive under the influence of drugs.
The Police will upload information about the Impairment Test to the Hong Kong Police Public website (www.police.gov.hk).
Ends/Thursday, March 1, 2012
Issued at HKT 17:48
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