The Australian community is concerned with the number of people that are driving vehicles while under the influence of drugs and a particular focus is on drivers of heavy trucks and buses. From 1 July 2012 to 1 June 2013 there were 1,274 road deaths in Australia and 192 crashes involving heavy trucks or buses. From the 192 crashes there were 231 deaths involving heavy trucks or buses.
The Government at both Federal and State levels have spent significant money on research and funding to assist police in detecting drivers who drive under the influence of drugs.
In Queensland from 2007 to 2012 the police commenced enforcement action targeting drug driving:
- 80,624 roadside drug tests performed;
- 2,129 positive detections on drivers (detection rate of 2.7%);
- Methamphetamine was detected in over 40% of the drug drivers; and
- Drug detections involving drivers of heavy vehicles is 12.4%.
As you can see, the drivers of heavy vehicles are overrepresented and have a higher detection rate of drug driving (12.4%). This figure is concerning
as heavy vehicles only comprise 4% of all vehicles registered in Queensland.
In Queensland there is a zero tolerance for driving under the influence of illegal drugs. Police have the power to intercept and perform random roadside drug tests. This authority is contained in the Transport Operations (Road Use Management) Act 1995, section 80(2).
Police also have the power to obtain a saliva sample from any person who has been involved in an accident that resulted in an injury or death to a person or damage to any property. This authority is contained in the Transport Operations (Road Use Management) Act 1995, section 80(2A).
The police roadside drug testing can detect the presence of:
1. Tetrahydrocannibinol – this is the ingredient that provides the euphoric feeling in cannabis, marijuana, resin or cannabis oil;
2. Methamphetamine – commonly known as speed or ice; and
3. MDMA – the active ingredient in ecstasy.
We are regularly asked what is the accepted tolerance level with truck drivers who use drugs or may have drugs in their system when driving heavy vehicles. In short, there is no acceptable level and if you are detected with any illicit drugs in your system then the police will charge you. A first offence carries a penalty of up to $1,540.00 and you may be disqualified from driving for up to 9 months and may not be eligible for a restricted (worker’s) licence.
As police gather intelligence about drug driving offenders it is clear that drivers of heavy vehicles will continue to be targeted.
