Scotland's Road Safety Framework To 2020 Annual Report 2012

Drug Driving

16. The UK Government has proposed a drug driving offence that will cover Scotland as well as England and Wales. Action in this area is reserved. However, one aspect of the new offence (power to set the drug driving limit that will trigger the new offence) is being devolved and the Scottish Government will work with UK Government in taking forward plans for the new offence in Scotland together.

17. The new offence will help ensure more effective action can be taken against irresponsible drivers who take drugs and get behind the wheel. The UK Government announced plans to set up an expert panel in January 2012. The panel is considering technical aspects of introducing a new drug driving offence, such as how will it be possible to set levels for the impairing effects of specific drugs on someone driving. The Scottish Government is involved as the panel considers these complex issues.

18. It is currently an offence to drive while being impaired due to drugs. However, this means prosecutors are required to demonstrate impairment to prove the offence. The new offence would follow the approach taken in drink driving and set a limit whereby an offence is committed if a person drives while over the set drug driving limit.