Committee for Home Affairs - P.2024/4
The States are asked to decide: -
Whether, after consideration of the Policy Letter entitled 'Road Traffic Legislation - Amendments in Relation to Hazardous Driving, Drink-driving and Drug-driving' dated 30th October 2023, they are of the opinion to:
i. introduce a new offence of Causing death by careless, or inconsiderate, driving including a provision for the courts to convict a defendant of this offence as an alternative to death by dangerous driving without it having to be specifically charged;
ii. introduce a new offence of Causing serious injury by dangerous driving;
iii. introduce a new offence ofCausing serious injury by careless, or inconsiderate, driving including a provision for the courts to convict a defendant of this offence as an alternative to causing serious injury by dangerous driving without it having to be specifically charged;
iv. remove the requirement that evidential alcohol breath tests from suspected drink drivers are obtained only at a police station, and allow for portable test equipment to be used;
v. remove the option for suspected drink drivers to provide a specimen of blood or urine when they have already provided evidential breath samples over the legal alcohol limit;
vi. introduce specified legal limits for certain drugs and create an offence of Driving whilst over the prescribed limit for specified drugs;
vii. introduce a new offence of Failing to comply with a preliminary impairment test;
viii. approve the use of roadside drug screening tests for the detection of drugs affecting drivers and introduce a new offence of Failing to comply with roadside drug screening tests;
ix. amend the offence of dangerous driving so that the wording includes a definition similar to that applicable in England and Wales;
x. amend the offence of driving without due care and attention so that the wording includes a definition similar to that applicable in England and Wales;
xi. introduce new provisions and amendments to allow 'registered health care professionals' (in addition to medical practitioners) to take blood samples, and give advice, provide opinions, and do other related things for the purposes of drug and drink driving offences;
xii. direct the preparation of such legislation as may be necessary to give effect to the above decisions.
