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New driving laws will include clampdown on 'drug driving'

Leo Varadkar says the forthcoming Road Traffic Bill will revise earlier laws to introduce ‘impairment testing’ for drivers.

IRISH DRIVERS who are suspected of driving under the influence of drugs will be asked to undergo ‘impairment testing’ by Gardaí to prove their capability to drive, under proposals to be brought to cabinet shortly.

Transport minister Leo Varadkar is preparing a tough crackdown on so-called ‘drug driving’ as part of a revision of Irish driving laws to be published before the end of the year.

The moves follow the publication of a report by the Medical Bureau of Road Safety on roadside drug testing, which was released earlier this week.

The report found that testing of oral fluid was emerging as the most reliable way to run a roadside chemical drug test.

Varadkar will now set up a working group to determine how such technology could be used by Gardaí – but has warned that there are no devices currently on the market which could test for all possible drugs in a driver who has just been pulled over.

Driving under the influence of drugs is already forbidden under the last revision of traffic laws, enacted in 2010, but the appropriate sections of the bill were never ‘commenced’, or activated, because of difficulties in enforcing them.

In response to written Dáil questions from a number of TDs, Varadkar said the forthcoming Road Traffic Bill would contain amendments to this bill to allow for the technological difficulties in enforcing his proposals.

“In advance of any technological measures, I also propose to introduce impairment testing for use by An Garda Síochána in determining whether a driver is incapable, from intoxication, of having proper control of a vehicle,” the minister said.

“This testing will consist of simple, physical, cognitive tests such as walking a straight line, tipping one’s nose or counting while standing on one leg.”

It was revealed last week that the new bill will also contain measures requiring newly-qualified drivers to display ‘N’ plates on their cars, similar to the existing L plates for drivers holding provisional licences.

Poll: Do you agree with a harsher penalty points system for novice drivers?

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42 Comments
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    Mute Majella O'Dwyer Rock
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    Oct 21st 2012, 3:50 PM

    Personally I think the driving licence should be revoked if your caught drink
    or drug driving..

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    Mute Darren Martin
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    Oct 21st 2012, 4:53 PM

    I agree. But you would then notice that no older people would be pulled over ever. Since in my experience is middle aged men an women drink and drive a lot more than younger people.

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    Mute MrKnow
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    Oct 21st 2012, 6:30 PM

    I do agree with you but don’t forget our limit, even using too much mouthwash can put you over the drink limit! I think it should be set at a certain drink limit.

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    Mute Bang Bang
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    Oct 21st 2012, 7:00 PM

    Darren. A woman in her 70′s rare ended me with my year old child strapped in child seat while I was stationary at far side of yellow box. Made my car a right off. Found out from Garda she was on medication which
    was cause.

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    Mute Joe McGarry
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    Oct 21st 2012, 7:35 PM

    Okay Darren,

    But young male drivers commit the most amount of hit-and-runs and speed more. They are most likely to attempt something stupid because they don’t think they will be caught.

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    Mute Shanti Om
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    Oct 21st 2012, 7:37 PM

    That’s a good point, a LOT of medications state that you should not drive or operate heavy machinery while on them, but people still do..

    Aside from when these drugs are genuinely prescribed, there is also an increasing amount of prescription drug abuse. So when they are testing you for drugs, will they be testing for just the usual suspects (alcohol, cannabis, ecstasy, cocaine etc) or will they be testing for tranquillisers, anti depressants, antibiotics, pain meds, etc too? After all, there’s a note on the package inserts for all of these drugs saying “do not drive or operate heavy machinery while taking this medication”.

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    Mute neuromancer
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    Oct 21st 2012, 3:38 PM

    No brainer.

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    Mute Sheila Byrne
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    Oct 21st 2012, 4:27 PM

    @neuromancer

    Thought that myself! Where has Mr. Varadkar been? If it’s already in place, which I assumed was, why is he spending money on setting up this ‘working group’? Surely the technical testing side of it has already been covered in the last Report? I think at this stage one would want to be living under a cushion if one didn’t notice that a driver was under the influence of drugs? His/her position on the road, pupils of eyes, speech, attitude when stopped? Common sense.

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    Mute Ryan Allen
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    Oct 21st 2012, 8:51 PM

    @ Sheila: But those observations can be subjective i.e. one guard might be concerned about them while another might not. And in any case someone could be badly positioned on the road as they are a bad driver, be tired after traveling a long distance leading to strange pupils or slurred speech and they could have a bad attitude towards authority. None of these “measures” offer conclusive evidence that a person has taken illegal drugs and could be easily thrown out in court.

    That is why the working group is trying to find ways to test, on the road side, if someone has taken illegal drugs.

    It’s easy to say how bad it is this isn’t being enforced, but perhaps focus on why it is so difficult to be enforced instead.

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    Mute Ciaran Morgan
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    Oct 21st 2012, 5:42 PM

    try spending a few quid on suicide prevention, by far the biggest killer in this country.

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    Mute Ryan Allen
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    Oct 21st 2012, 8:45 PM

    Money should be spent on both, shouldn’t be a case of either/or.

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    Mute Absolute Media
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    Oct 21st 2012, 3:46 PM

    Seriously?! Recalling the alphabet backwards too?

    28
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    Mute JakkiB
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    Oct 21st 2012, 4:02 PM

    Many many years it has taken to implement the drink driving laws and it will take many more years to enforce any law regarding drug driving, Leo the lips just always has to have something to say….Blah,Blah,Blah…..

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    Mute Darren Martin
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    Oct 21st 2012, 4:56 PM

    Not many old fogies take drugs, buts lots drink. It will be easier to implement drug driving laws as not many TDs tripping the light fantastic from the Dail bar.

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    Mute Joe McGarry
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    Oct 21st 2012, 7:38 PM

    Hopefully, Gardai will actually begin enforcing it frequently.

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    Mute Ollie O'Cleirigh
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    Oct 21st 2012, 3:44 PM

    Progressive initiative.

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    Mute Paddy Rodgers
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    Oct 21st 2012, 7:51 PM

    Shiela

    In your condescending contribution and insulting inference you ignored a couple of basics pet and it really shows how some people just don’t really understand the complexities of this issue. All of the so called neurological measurements mentioned are subjective and can and will be challenged in a Court of Law until such time as threshold levels for illicit drugs are established below which it is safe to drive a car without psychomotor impairment.

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    Mute Jesus O'Shea
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    Oct 21st 2012, 4:12 PM

    “This testing will consist of simple, physical, cognitive tests such as walking a straight line, tipping one’s nose or counting while standing on one leg.”

    Looks like having a case of vertigo will not cost you your driver’s license as well.

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    Mute Sheila Byrne
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    Oct 21st 2012, 4:42 PM

    They’re watching too many American police programmes. Is this where they get their ideas or is that where Varadkar has been, travelling to the US to get ideas on how to stop drunk/drug drivers?

    No need for any more discussions or groups set up to discuss….. just get on with it, put more gardai on the roads 24/7. These people that take drugs don’t have any set time that they drive or ferry drugs around, I’m sure.

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    Mute Ryan Allen
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    Oct 21st 2012, 9:15 PM

    @ Jesus: Well I’m sure if someone can prove they have vertigo then they won’t lose their driver’s license. Second they are looking at technological measures to bring in to test for drugs.

    @ Sheila: Like I said above, it’s all well and good implementing it, but it won’t be any good if there are no convictions due to insufficient evidence.

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    Mute Mark Fitzgerald
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    Oct 21st 2012, 4:57 PM

    If we just had more enforcement of the laws we have right now that would be an improvement. That needs more bodies on the ground enforcing those laws. It’s a waste of time introducing new laws if the opportunity to apply them is impaired.

    Varadkar is also looking to meddle with the number of penalty points for each offence. Again another pointless exercise. As it is I’d say a Garda is reluctant to charge someone with something like a missing NCT because the penalty is so big at 5 points & €1,000 fine. Those penalties have very serious consequences & Gardai are only human, they would rather give someone a chance to rectify. Penalties must deliver an appropriate punishment yes, but they must be “real world” enforceable. Cop on Leo.

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    Mute MrKnow
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    Oct 21st 2012, 6:36 PM

    The NCT law is a joke, its a huge punishment for something so stupid! If caught with really bad tires or something dangerous and no NCT ok then give it but not for normal people driving with a out of date cert, the NCT is a scam, I’ve seen it proven a hundred times and its not far on people with money issues.

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    Mute Joe McGarry
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    Oct 21st 2012, 7:44 PM

    Young male drivers circumvent the NCT by replacing the loud exhaust after the test. That is where Garda ENFORCEMENT comes into it.

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    Mute Gerard
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    Oct 21st 2012, 4:33 PM

    I hate to say it but this is more hot air from Leo and the reason being is simple. There are no limits in law or quantities by which drug driving can be tested unlike drink driving and there is no chance in hell that any judge in this country will convict on a cognitive test alone performed by a Garda.

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    Mute Joe McGarry
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    Oct 21st 2012, 7:42 PM

    Cognitive tests are a pre-drug test. In other words, if further investigation is needed, the Gardai will be allowed to bring you in for a blood test to determine any traces of drugs in your system.

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    Mute Pat Allen
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    Oct 21st 2012, 4:43 PM

    This either won’t happen or will end in a balls-up that will be challenged in court.
    People with poor balance and co-ordination could be punished for nothing and as drugs can stay in your system for quite a long time those who have taken something at the weekend could be tested on a Tuesday and prove positive if the testing is insufficiently precise while not being under the influence.
    This is just to make Leo look like he’s doing something to earn his enormous salary.

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    Mute John Mc
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    Oct 21st 2012, 7:14 PM

    How will they be able to test for the effects of prescribed medication? It’s also possible that someone could be on drugs and still pass the cognitive impairment test, does that mean they’re not too whacked to drive? The time it takes for cannabis to leave the body means you could be back two weeks from Amsterdam and possibly fail a saliva test. And as this is Ireland there will probably be some daft loophole in the court procedure that means for the first year or so no one gets convicted.

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    Mute Jerry Melinn
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    Oct 21st 2012, 4:19 PM

    It is progressive but usually Leo and other members of the cabinet announce these type of initiatives when we’ve had bad news e.g. no deal on bank debt. I seem to remember smoking in parks and on beaches as arising in this context. Gullible Gilmore has also ‘come out’ today as a gay rights champion, if you’ll excuse the pun.

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    Mute jake jennings
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    Oct 21st 2012, 11:33 PM

    Paranoid stoners drive extra slow and carefully!

    11
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    Mute Gillian Cafferkey
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    Oct 21st 2012, 5:34 PM

    Aren’t there people being tested for drugs, (people who have got help and got off them) could the gards not use the same method because it is definetly needed.

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    Mute Shanti Om
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    Oct 21st 2012, 7:45 PM

    Someone please correct me if I am wrong, but would they not be blood tests?
    Kind of impractical for the roadside, and unconstitutional given the offence.
    Also, as the half life on some drugs is far longer than the time in which effects are felt, it would be quite unreliable too.

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    Mute Mikey B Maguire
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    Oct 21st 2012, 6:56 PM

    I actually think that this is problematic as far as implementation is concerned and also it is unnecessary. Where are the stats to show that drug driving is a major problem? How many car accidents are as a result of drivers who are under the influence of drugs? I imagine that the number is tiny in comparison with alcohol.
    Yet this will allow any Garda to pull a driver out of the car and make them do a number of tests that will actually prove nothing anyway. Please Leo, focus more on the real issues.

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    Mute Joe McGarry
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    Oct 21st 2012, 7:30 PM

    The way I see it, the Gardai don’t enforce the rules because it’s too much work. Anything that requires work is simply done by sitting in their car without actually getting out and checking cars.

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    Mute Paddy Rodgers
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    Oct 21st 2012, 7:59 PM

    Mikey

    A very good observation. In all the rubbish talked about this issue there is a little problem under the heading of psychoactive medicines! Every day some four hundred thousand ordinary decent and law abiding citizens are driving their cars while taking medicines prescribed by their doctors that MAY impair the ability to drive or operate machinery.
    What’s immediately clear is that we can’t put them all off the road and what’s also clear is that we need to establish legal guidelines as to the minimum lowest levels at which these and illicit drugs are safe in terms of driving. If we don’t do it the Supreme Court will simply dismiss the cases brought in the first place.
    Simples?…..no not really!

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    Mute Marlon Major
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    Oct 21st 2012, 8:50 PM

    What a joke….. Wouldn’t it prudent to enpower our gardai to enforce the laws that already exist?

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    Mute abi lee
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    Oct 22nd 2012, 1:34 AM

    Booga Wooga Wooga Bongo Wango Wooga Booga Booga

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    Mute Marlon Major
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    Oct 22nd 2012, 10:07 AM

    Abl Lee… What’s your point?

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    Mute Joe McGarry
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    Oct 21st 2012, 6:24 PM

    Gardai rarely enforce the loud exhausts on young male drivers. Once the car passes the NCT, boy racers replace the exhaust pipe with louder mufflers.

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    Mute Declan Hickey
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    Oct 21st 2012, 10:41 PM

    It is not perfect, but it’s a start.
    On prescribed meds isn’t there a warning it it affects your abilities”not to drive or operate machinery”? If so they are just as bad?

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    Mute Niamh Margaret
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    Oct 21st 2012, 10:40 PM

    I believe the cognitive tests would be a precursor to taking u in for a blood and urine sample which is all well and good. Problem for me is my terrible balance and coordination esp when nervous! Could cause some very awkward calls to work! “eh, I’m going to be late, I’m in the Garda stn being drug tested…again.”

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    Mute padraig
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    Oct 22nd 2012, 3:21 AM

    Good

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    Mute Caroline Locke
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    Oct 21st 2012, 8:23 PM

    Terror rules.:(

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