Scotland ‘lags behind’ England and Wales in drug driving law

Scottish drivers could face a new limit on the amount of legal drugs they can have in their systems following the launch of a new campaign.

A cap on the level of medicinal drugs people can take before getting behind the wheel would make it easier to prosecute dangerous drivers, the Scottish Conservatives have claimed.

Although driving while impaired by drugs is a criminal offence across the UK, Scotland currently has no specific legal limit.

The campaign, launched on Tuesday (April 18), is calling for a “zero tolerance” approach to driving on illegal drugs, and greater rollout of roadside drug testing kits.

Douglas Ross, Scottish Conservatives justice spokesman, said the SNP has failed to respond to “this menace on our roads”.

“We need immediate action now to bring a halt to the growing number of deaths and injuries caused by people on drugs getting behind the wheel,” he said.

“This means improved legislation to tackle driving under the influence of all dangerous substances, and a zero tolerance approach to anyone foolish enough to drive having taken drugs.

“We must also give our police the resources and equipment to put this into practice.

“Quite simply, Scotland has lagged behind other parts of the UK in failing to tackle this issue. The SNP Government needs to take further action without delay.”

Under current legislation, Police Scotland officers can only subject suspected drug drivers to field impairment tests as they lack roadside testing equipment.

The Scottish Conservatives claim these tests are “impractical, inefficient and unreliable” because they were originally designed for measuring alcohol intoxication.

If the suspect is taken to court, prosecutors also have to prove they were ‘impaired’ by the drugs in their system.

In England and Wales, the Crime and Courts Act 2013 created a new offence of driving in excess of a prescribed limit for 17 drugs, which came into effect in 2015.

In the first year since this law was enacted, approximately 14,000 drug driving arrests were made across the two countries.

English and Welsh officers also have access to roadside swab kits to test for cannabis and cocaine.

Recent research suggests that driving under the influence of cannabis caused the same number of deaths between 2012 and 2015 as alcohol.

Out of 118 road fatalities examined, 20 per cent tested positive for alcohol and another 20 per cent had taken cannabis.

A Scottish Government spokesperson said: “Scotland has long-standing legislation used by Police Scotland, prosecutors and our courts that makes it an offence to drive while being impaired due to drugs.

“We prioritised lowering the drink-driving limit in 2014 as evidence showed such a policy could help save lives.

“We are considering very carefully whether evidence shows that specific drug driving limits should be introduced in Scotland.”