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File photo of a garda checkpoint Leon Farrell/RollingNews.ie

Gardaí given new powers to test drivers for drugs at roadside

A number of new measures about drug driving, written-off vehicles and uninsured drivers have been given the green light.

AN GARDA SÍOCHÁNA have been given new powers to test drivers for drugs at the roadside.

This is one of a number of measures included in the Road Traffic Bill 2016, which was passed by the Oireachtas today.

The bill contains a series of reforms dealing with drug driving; written-off vehicles; mutual recognition of driver disqualifications between Ireland and the UK; uninsured drivers; and a new optional 20km/h speed limit in built-up areas, among other measures.

Current provisions for Mandatory Alcohol Testing (MAT) checkpoints will be extended to provide for Mandatory Intoxication Testing (MIT) checkpoints testing drivers for both alcohol and drugs.

Under the new measures, gardaí can ask drivers to undergo a preliminary drug test for cannabis, cocaine, a range of opiates (including heroin and morphine) and a range of benzodiazepines (including diazepam and flurazepam).

Speaking after the passing of the bill, Transport Minister Shane Ross said: “The new powers given to the gardaí to test for drugs at the roadside will allow them to test for a wide range of drugs which could not be previously tested for. These represent 95% of all drugs found by the Medical Bureau of Road Safety in samples sent to it for confirmatory testing in 2015.”

“Drivers taking opiates and benzodiazepines prescribed by their doctors, [who are taking these prescribed drugs in accordance with their prescriptions, and are not impaired], have nothing to fear from the new measures.

However, drivers abusing drugs such as cannabis, cocaine, benzodiazepines and opiate and driving while impaired will face a minimum disqualification of four years for their first offence and six years for their second and subsequent offence.

A new offence of driving or being in charge of a mechanically propelled vehicle with the presence of three illicit drugs (cannabis, cocaine and heroin) has also been introduced. This means that for the first time drivers found above new legal thresholds for these drugs will commit an offence without An Garda Síochána having to prove impairment, as is currently the case under existing legislation.

In seeking to address concerns of those prescribed Sativex (which contains cannabis) for illnesses such as multiple sclerosis, Ross introduced in the bill a medical exemption certificate for those prescribed with Sativex so that they do not fall under the new offence. This will ensure that they cannot be arrested for driving with cannabis in their system. He warned, however, that if such drivers are impaired, they face the same sanctions as other drivers under existing drug driving legislation.

Written-off vehicles

In terms of written-off vehicles, Ross said the bill will “change the current arrangements between the insurance industry and my department in relation to domestic write-offs from ‘voluntary’ to ‘statutory’.”

This means all insurers will be statutorily required to notify the Department of Transport of category A (irreparable and fit for scrap only) and category B (useful for viable spare parts only) write-offs so that these vehicles’ records can be included on the National Vehicle and Driver File and their circulation prevented.

Driving disqualifications

The bill will give effect to an agreement with the UK on mutual recognition of driver disqualifications which was signed in October 2015.

If a driver is disqualified in the UK they are automatically barred from driving abroad, as they do not have a valid licence. However, if a driver from the UK is disqualified from driving in Ireland, the ban applies only in this country.

The person could still drive in UK or anywhere else. Ross said the new agreement between Ireland and the UK will “ensure that dangerous drivers who are a risk to the public are kept off the roads in both jurisdictions”.

20km/h speed limit

The bill also creates a new option for local authorities to impose a special speed limit of 20km/h in built-up areas. This will be in addition to the existing possible speed limits for built-up areas of 50km/h, 40km/h and 30km/h.

The minister added that the new speed limit option has been introduced following the Jake’s Legacy campaign.

“This was set up following the tragic death of six-year-old Jake Brennan who was killed in a road traffic incident in the housing estate where he lived. A new special speed limit of 20km/hour is now being made available for local authorities to impose where they see fit,” Ross said.

Uninsured drivers

Ross said the increasing number of uninsured drivers on Irish roads “is a huge concern”.

One of the issues identified to tackle this problem has been the Garda Automatic Number Plate Recognition (ANPR) system which is reliant on information provided by the insurance industry in respect of insured drivers.

While this data set has proven to be unreliable to date, the department said the bill “provides for detailed information that the insurance industry must now provide which will address this exact issue”.

“This is a very vital provision which will allow for the establishment of the Insured and Uninsured Database by Insurance Ireland and MIBI which will provide reliable data to An Garda Síochána to enable them to detect uninsured drivers and take them off our roads,” Ross said.

More information on the bill can be read here.

Read: Gardaí ‘very concerned’ about man missing from Cork

Read: 7 ways the government says it will fix broadband access in Ireland

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43 Comments
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    Mute Micheal OLainn
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    Dec 20th 2016, 8:20 PM

    20 kmph is quite low. I’m able to cycle faster than that.

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    Mute Dave Doyle
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    Dec 20th 2016, 8:34 PM

    @Micheal OLainn: Very difficult to achieve in a modern car. Your clutch wont last to long.

    102
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    Mute twit
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    Dec 20th 2016, 8:42 PM

    I’m all for the process of reducing the amount of wreckless drivers on our roads but to think someone who may have smoked cannabis a week or so a go can be tested and fail shows it flawed system even before it is implemented! I am pretty sure their driving would not be impaired a week after a smoke!

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    Mute scientia
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    Dec 20th 2016, 9:44 PM

    You didn’t read it. Impairment must be proven unless it’s 3 or more drugs.

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    Mute Paul Tao
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    Dec 20th 2016, 10:06 PM

    I read it as “Impairment must be proven unless it’s one of three drugs – cannabis, cocaine or heroin”. I can’t imagine many people would do all three and go for a drive.. The method they use to test for cannabis will require major scrutiny. Cannabis can stay in your system (harmlessly and unimpairingly) for months, longer than any other usual drugs. There have been reports from other countries of drivers being disqualified for having had a joint a few days ago – that’s nanny-statism at its worst.

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    Mute Philip Clarke
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    Dec 21st 2016, 12:11 AM

    Well well Ross has has done some thing to get his name in the peppers great stuff

    5
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    Mute Philip Clarke
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    Dec 21st 2016, 12:17 AM

    Buy a push bike and break all the laws you like there is none for them

    15
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    Mute Bo Cianuro
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    Dec 21st 2016, 1:28 AM

    @twit: ”someone who may have smoked cannabis a week or so a go can be tested and fail”

    Last time roadside drug testing was being discussed that question & the morning after the night out (or in) was raised, simple answer at the time: Mouth swabs, that can only detect substance if you took a drug up to 4 hours prior to being tested.
    No idea if same applies now. anyone?

    13
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    Mute TDV
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    Dec 21st 2016, 12:24 PM

    @scientia: i love nothing more than after a good session of cocaine, cannabis and heroin to just jump in the car and hit the open road

    7
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    Mute Dave Doyle
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    Dec 20th 2016, 8:32 PM

    There’s been enough questionable shenanagins in relation to traffic offences and the penalty points system by the Gardai for many years now. Much of it has caused this Whistleblower scandal, that still goes on.
    This is a huge increase in power being given to the Gardai. While i have no doubt that the majority of Gardai will carry out their duty in a proper impartial manner, there’s been enough bad apples to question this amount of power.
    If the government took some meaningful action against the price gouging by insurance corporations, there wouldn’t be the problem of uninsured drivers driving around. Some people have no choice but to use their cars.

    58
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    Mute cholly appleseed
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    Dec 20th 2016, 9:31 PM

    No choice??? You have a choice. That’s a ridiculous thing to say. There is no justification for uninsured drivers. F’ing freeloader

    38
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    Mute The Throwaway
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    Dec 20th 2016, 10:16 PM

    Huge increase in powers? Really? Did you go to Uni for that degree in melodramatics? The new act pretty much gives powers to test for drugs at a checkpoint, nothing much more ‘huge’ at all.

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    Mute Philip Clarke
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    Dec 21st 2016, 12:21 AM

    The reason for drivers with no insurance is the insurers there to greedy

    11
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    Mute Kealan Murphy
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    Dec 24th 2016, 12:05 PM

    @cholly appleseed: it makes no financial sense with rent to pay also! iv been driving for 5 years all insured!! but I had to take out loans and barely have money for anything else after rent…. scrapping to survive! freeloaders my arse… insurance companies are scamming everyone along with this government

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    Mute Stephen Finn
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    Dec 20th 2016, 8:10 PM

    meanwhile uninsured drivers are driving all over the place killing and injuring people costing the state and drivers millions,

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    Mute Boganity
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    Dec 20th 2016, 8:26 PM

    Absolutely but that doesn’t mean we should give drug-drivers a free pass

    48
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    Mute David Grogan
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    Dec 20th 2016, 10:18 PM

    @Stephen Finn: if the insurence companies weren’t screwing everyone over with ridiculus hikes more people would be able to afford insurence

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    Mute Bo Cianuro
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    Dec 21st 2016, 1:37 AM

    @David Grogan:
    Car insurance is 375-500 euro if you’ve a NCB of 4 or 5 years.

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    Mute Kyle O'Toole
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    Dec 21st 2016, 10:36 AM

    @Bo Cianuro: Ha, €375 !? That’s cute. Double or triple that and you are getting close. Maybe €500 if you are a 50 year old doctor driving a 9 year old (since they now screw you if it’s 10 years old or more) 1ltr Micra and living in Dinlgle.

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    Mute Dan Henry
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    Dec 20th 2016, 8:18 PM

    Great idea will the Garda give people samples too and the rate their going there will be nobody driving what next I hope they test themselves also()

    45
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    Mute Bingobango
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    Dec 20th 2016, 9:43 PM

    I can walk backwards at 20km per hour

    33
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    Mute John Brendan Mullen
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    Dec 20th 2016, 8:13 PM

    Had it in Holland for years now. Never been caught though.

    33
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    Mute Bean Ui Mise
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    Dec 20th 2016, 8:43 PM

    This is good news. Anything that makes our roads safer is welcome.

    24
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    Mute TDV
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    Dec 21st 2016, 12:34 PM

    @Bean Ui Mise: baaaaaaaaaa

    1
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    Mute Alex Falcone
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    Dec 20th 2016, 8:42 PM

    Good.
    Far too many people driving around in a cloud of mysterious and mystical white cloud nowadays.

    23
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    Mute Ian James Burgess
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    Dec 20th 2016, 10:04 PM

    Maybe they might think of testing for Insurance as well with 1 in 14 uninsured.

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    Mute Mr D
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    Dec 20th 2016, 8:08 PM

    Hmmm…i wonder

    15
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    Mute Sean Lynch
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    Dec 20th 2016, 8:59 PM

    Sure you won’t need to drive on drugs, you can fly

    13
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    Mute Darren Mccarthy
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    Dec 20th 2016, 9:21 PM

    So is it a random urine drug test at a checkpoint? Can’t see how its going to work.

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    Mute Bo Cianuro
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    Dec 21st 2016, 1:39 AM

    @Darren Mccarthy:
    Mouth swabs… they detect drugs upto 4hrs after you ingest/smoke/watever them..

    4
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    Mute ballbreaker
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    Dec 20th 2016, 11:00 PM

    Question….Is an “Act” a Law ?

    5
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    Mute Catherine Mc
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    Dec 20th 2016, 9:19 PM

    I actually thought they already had those powers !

    5
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    Mute Dan Henry
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    Dec 20th 2016, 9:39 PM

    Smoke another joint you

    4
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    Mute Dan Henry
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    Dec 20th 2016, 9:39 PM

    What do you smoke

    1
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    Mute Yenreit
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    Dec 21st 2016, 11:58 AM

    While it’s great for the Gardai to have this ‘power’, does anyone know how this impacts the ordinary citizens civil and/or human rights? When a sample is demanded, what rights do you actually have, given that you could self incriminate.

    3
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    Mute ballbreaker
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    Dec 20th 2016, 10:05 PM

    I have heard this floated about lately ..you do not need to stop at at checkpoint…the only time you need to stop for the guards is 1.there has been road traffic accident 2. You are RE directed due a detour..Can someone please clarify..thanks

    3
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    Mute The Throwaway
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    Dec 20th 2016, 10:12 PM

    Are you serious?
    Are you actually serious?
    Yes, you have to stop at a checkpoint. There are quite wide ranging powers over a number of law acts that allow for Gardaí to stop a vehicle in a public place. In all circumstances where Gardaí have directed you to do so, you are legally obliged to stop.
    I hope to God you are trolling because if not, it’s scary to think that you are either a driver on the roads or will be one.

    28
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    Mute ballbreaker
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    Dec 20th 2016, 10:16 PM

    Thanks you have answered part of my question ” legally obliged”==does that mean mandatory?

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    Mute Catherine Mc
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    Dec 20th 2016, 10:17 PM

    Are you on something !

    12
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    Mute ballbreaker
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    Dec 20th 2016, 10:17 PM

    Clue…..check the dictionary for definitions

    9
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