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A spokesman for the Transport and Housing Bureau today (March 14) reminded members of the public that the Road Traffic (Amendment) Ordinance 2011 will come into effect tomorrow. The Ordinance introduces stricter measures to combat drug driving more effectively.
The Ordinance brings in a "zero-tolerance offence" against the "specified illicit drugs", namely heroin, ketamine (commonly called "K"), methamphetamine (commonly called "ice"), cannabis, cocaine and MDMA (commonly called "ecstasy"). It will be an offence for anyone to drive with any concentration of the specified illicit drugs present in his or her blood or urine, 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 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 the circumstances of the case warrant it.
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, will also be an offence.
The Ordinance also empowers police officers 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 the use or consumption of specified illicit drugs. Preliminary drug tests include Drug Influence Recognition Observation and the Impairment Test.
After conducting preliminary drug tests, if a 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 stressed that taking drugs could affect a person's body and mind co-ordination and could significantly impair a person's ability to drive a motor vehicle, and that no one should drug drive. To strengthen understanding by drivers and the general public of the implementation of the law, the Road Safety Council has published a leaflet containing information relating to the new legislation against drug driving, including enforcement, contents of the Impairment Test, penalties and common medicinal drug categories that may impair driving ability. The leaflet will be distributed at various places (including toll booths of tunnels, 18 District Offices, the Transport Department (TD)'s Licensing Offices and government multi-storey car parks). The information has also been uploaded to the TD website (www.td.gov.hk/en/road_safety/drug_driving/index.html).
For information about the Impairment Test, please visit the Hong Kong Police Force website (www.police.gov.hk).
Ends/Wednesday, March 14, 2012
Issued at HKT 16:01
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