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Transport, Drugs and the Law

Many drink drive convictions are "morning after".

Commercial vehicles and public transport make up a high percentage of the traffic on our roads. Vehicles range from logistics (LGV/HGV) through to taxis and buses.

Employers have a number of statutory duties and responsibilities towards their employees and to the public. Clearly, these duties have to be taken very seriously.

Most of us will be familiar with the laws on "driving while under the influence", and roadside breath testing.

THE ROAD TRAFFIC ACT 1988

The Act states that any person who, when driving or attempting to drive a motor vehicle on a road or other public place, is unfit to drive through drugs or drink shall be guilty of an offence. An offence is committed if a person unfit through drugs or drink is in charge of a motor vehicle in the same circumstances.

However, The Road Traffic Act does not differentiate between illegal or prescribed drugs and does not state any legal limit for drugs as it does for alcohol. This means that anyone found driving whilst unfit, due to any drug (illegal, over the counter or prescription) could be prosecuted.

Provisional statistics on accidents reported to the police involving drinking and driving in Britain in 2009, published in 2010 by the Department for Transport, show that fatalities have fallen by five per cent to 380, from 400 in 2008. It is the first time drink-drive fatalities have fallen below 400 a year.

Seriously injured casualties fell by nine per cent from 1,620 in 2008 to 1,480 in 2009; slight casualties resulting from drink-drive accidents fell by eight per cent from 12,990 in 2008 to 11,990 last year.

With the cuts in public spending announced recently and being felt across the board, it is important that any reduction in spending on road safety does not reverse this trend. RoSPA is urging the Government to implement the recommendations made by the North Review, published in June 2010, which recommended that the drink-drive limit is lowered from 80mg of alcohol per 100ml of blood to 50mg of alcohol per 100ml of blood.

The North Review also concluded that the drug-driving problem was "out of all proportion" to the official figures. This is partly because it is often difficult to test for drug use, meaning many cases go unrecorded.

Roadside drug testing is currently being trialled in the UK and will undoubtedly become commonplace by 2015. However, there are many problems and objections associated with such testing that must be addressed first. Of course, the Police do have current "sobriety" tests that can invoke a drug test to be carried out at a hospital or Police station.

THE TRANSPORT AND WORKS ACT 1992

The fact that the driver had smoked cannabis was sited as a factor in the Cannon Street rail crash in 1991. The 1992 Transport and Works Act makes it an offence to knowingly allow certain workers to work on railways, tramways, and other transport systems when unfit through drugs or drink.

The employer may have a defence if they can show that they have carried out all due diligence in trying to prevent such an offence. Clearly therefore an effective drugs policy which has been properly implemented may be helpful in establishing such a defence.

Professional drivers have a duty of care to members of the public.

ScreenSafe UK use only fully calibrated Home Office approved (Police Issue) breathalyser equipment to provide legally defensible results that can be relied upon time after time. We can also provide specialised breathalyser equipment (the Drager Interlock XT) that will immobilize a vehicle if a positive breath sample is provided.

We advise regular drug and alcohol testing takes place (including random/un-announced) to ensure compliance and fitness for duty.

Loss of a driving license may be a potentially fair reason to dismiss if the employee is required to drive as part of their duties. It is far easier to establish a fair reason in such cases where the employer has stated in the contract that driving is an essential part of the job and that employment is conditional on the employee having a license. The employer must still consider whether the employee can reasonably carry out his/her duties in some way, for example by use of a driver or public transport which is obviously not feasible when driving is actually the main part or only part of the job!

When we go out for a few drinks at the pub and get a taxi or bus home (to ensure we do not drink and drive) do we ever question if the driver taking us to our destination has an underlying drink or drugs problem or is unfit for duty through substance use?

If one of your drivers had an accident and was found to be under the influence of drugs (illegal, over the counter or prescription etc) and/or alcohol - do you think your insurance will cover the costs?

Please contact us for more information on how we can assist your organisation and how we can add real value to your processes.

Please do not hesitate to contact Customer Services on 08450 505590 or via email (enquiries@screensafeuk.co.uk) if you require any further help or assistance.

DOs and DON'Ts Leaflet
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