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New drug driving legislation

New illegal limits and tougher penalties for drug-impaired driving

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The Land Transport (Drug Driving) Amendment Act 2022 makes changes to the Land Transport Act (LTA) 1998. The changes to the legislation include new illegal limits with lower limits for infringements, and tougher penalties for drivers found to be driving while impaired.

The new drug driving law includes illegal limits for specified prescription medicines and illicit drugs that impair the driver’s ability to drive safely; and have the highest risk to road safety in New Zealand.

Why has this change been made?

Anyone that drives on our roads, should get to their destination safely. We want safer roads for everyone.

The new law helps to deter and detect drug-driving after the use of qualifying drug(s) that can impact the safety of everyone on our roads.

Impairing drugs in fatal crashes now about equal to alcohol

Over the past few years, there has been a consistent rise in the presence of impairing drugs in driver’s blood in fatal crashes which is now generally about equal to alcohol, having more than doubled since 2015. In 2021, there were 93 people killed in crashes where a driver was found to have the presence of drugs – nearly a third of all fatalities that year.

What does this mean for drivers?

This legislation and any subsequent enforcement will apply to people with an increased risk of impaired driving if they have not taken their medicine/s as prescribed, have also consumed alcohol, and/or have mixed with other qualifying drugs.

What’s not changed?

It’s already illegal to drive while impaired.

What’s changing?

For the first time, drugs that impair the ability to drive safely have been ring-fenced by law and drug concentration levels introduced that enable additional enforcement measures and penalties.

New enforcement levels for drugs have lower limits for infringements and higher penalties for mixing drugs and alcohol.

We will be implementing new infringement level offences, new enforcement levels (or limits) for 25 listed qualifying drugs, and tougher penalties for driving after consuming or mixing qualifying drugs and/or when taken with alcohol.

New enforcement levels for drugs have lower limits for infringements and higher penalties for mixing drugs and alcohol.

Schedule 5 added for drug-driving

The addition of Schedule 5 to the Act that includes 25 listed qualifying drugs that impair driving.
 

New drug-driving illegal limits

The introduction of tolerance and high-risk blood concentration levels for each of the listed qualifying drugs in Schedule 5. These levels (also known as limits) determine the type of offence. If an evidential blood test was positive above the tolerance level this results in an infringement, and above the high-risk level a criminal charge.
 

Lower limits for infringements and higher penalties for drug-driving

New enforcement levels have lower limits for infringements and higher penalties for mixing qualifying drugs (which includes some prescription medicines) and alcohol.

New offences include listed and unlisted qualifying drugs and combination offences, where one or more qualifying drug is consumed or mixed with alcohol.

Offence Penality – Min Disqualification
Alcohol only charge  6 months*
Drug only charge  6 months
Combination charge (drugs and alcohol / two or more drugs)  9 months
Single drug or alcohol infringement  $200 – 50 demerit points
Combination of drugs and/or alcohol infringement  $400 – 75 demerit points

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* For any person who has previously been convicted of two or more qualifying offences the minimum disqualification penalty is 12 months.

Implementing random roadside driving testing

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Random roadside drug driving testing is a key tool that we want to use against drug-impaired driving.

Police undertook a procurement process to identify a suitable Oral Fluid Testing device to carry out random roadside drug driving testing. After rigorous testing, it was found that there was no device available to meet the criteria and intent of the legislation.

The goal of the legislation is to detect and deter drug-driving that potentially impacts the safety of everyone on our roads.

Partnering agencies are working together on implementing the Road to Zero strategy and ultimately, we want to reduce the number of deaths and serious injuries that happens on our roads causing devastation to families and whānau.

A blood test determines the offence

Results from an evidential blood test determines the type of offence. For listed qualifying drugs this is a test for a quantitative level, and for unlisted qualifying drugs for presence only.

Whether you consumed one or more qualifying drug, and mixed drugs and alcohol together – will determine the offence that applies. The more you consume, the higher the risk and penalty.

When would a blood test be taken?

A blood test can be taken when a compulsory impairment test (CIT) is not satisfactorily completed or following hospitalisation where a driver has been involved in a crash or an incident involving a motor vehicle, or when a driver is incapable of proper control of a motor vehicle.

What’s a CIT test?

A compulsory impairment test (CIT) is a behavioural test undertaken by a specially trained police officer. It comprises eye, walk and turn, and 1-leg-stand assessments.

Listed qualifying drugs (what’s included)

Listed qualifying drugs in Schedule 5 of the Land Transport (Drug Driving) Amendment Act include: alprazolam, amphetamine, buprenorphine, clonazepam, cocaine, codeine, diazepam, dihydrocodeine, fentanyl, GHB, ketamine, lorazepam, MDMA, methadone, methamphetamine, midazolam, morphine, nitrazepam, oxazepam, oxycodone, temazepam, THC (cannabis), tramadol, triazolam, and zopiclone.

Each listed qualifying drug has a tolerance and high-risk blood concentration level. The level determines the type of enforcement action. Schedule 5 includes the blood concentration level for each listed qualifying drug.

Prescription drugs must be taken in line with a current prescription and within the advice from the health practitioner prescribing. Remember to check with the person giving you your medicine that it is OK to drive. Check the label on the medicine to see if there is a warning.

Definitions

  • Drugs
    Where the term ‘drug’ is used it is referencing all qualifying drugs, which includes prescription medicines and illicit drugs in Schedule 5.
  • Qualifying drug: listed or unlisted
    Qualifying drugs refers to controlled substances and prescription medicines. The new drug driving law classifies qualifying drugs as either listed or unlisted qualifying drugs.

    Listed qualifying drugs are the 21 prescription medicines and four illicit drugs found in Schedule 5, all other drugs are unlisted qualifying drugs.

Questions and Answers

What legislation deals with drug driving?

The legislation for drug driving is the Land Transport Act (Drug Driving) Amendment Act 2022, which is part of the Land Transport Act (LTA) 1998.
 

Who does this legislation impact?

This legislation and any subsequent enforcement will apply to people with an increased risk of impaired driving if they have not taken their medicine/s as prescribed, have also consumed alcohol, and/or have mixed with other qualifying drugs.

You have a responsibility to understand the medicine/s you are taking and if it impacts your driving ability.
 

Why were these medicines/drugs chosen?

The prescription medicines and illicit drugs in Schedule 5 have been identified as having the highest risk to impairment and road safety in New Zealand.

The levels were determined by the Independent Expert Panel appointed by the Government. The panel’s recommendations are based on New Zealand crash data, its interpretation of the scientific literature, and consideration of statutory limits set by other countries.
 

What happens if I’m using medicines/drugs over the limit and drive?

If you are pulled over for driving suspiciously and/or if drug impairment is suspected, you will likely be asked to complete a compulsory impairment test (a behavioural test at the side of the road). If you fail this, a blood test would be taken by a health practitioner.

You could also have a blood test following hospitalisation, where a driver has been involved in a crash or incident involving a motor vehicle, or a medical practitioner confirms that a driver is under the influence of drink or a drug, to such an extent as to be incapable of having proper control of a vehicle.

The blood test analysis would determine any enforcement action if you have driven after consuming a qualifying drug or drugs, and/or alcohol over the legal limits.
 

I take prescription medicine. Do I need to be worried about the new law?

It is against the law to drive while impaired by taking any impairing substance (including prescription medicines and over the counter and pharmacist-only medicines).

You should take your prescription medicines as prescribed by your health practitioner. Remember to check with the person giving you your medicine that it is OK to drive. Check the label on the medicine to see if there is a warning.

If you take a quantity above what has been prescribed or mix drugs or prescription medicines in combination with each other, or with alcohol, the level of impairment is likely to be enhanced. Remember to always drive safely – drugs and driving don’t mix.
 

How are the ‘levels’ applied if I have a drug blood test?

The law introduces two levels for drug driving as indicated in Schedule 5. The first level is the tolerance blood concentration level and the second the high-risk blood concentration level.

The level is determined by the analysis of a blood sample, which confirms whether the blood concentration exceeds the tolerance or high-risk level. A positive result which exceeds a tolerance level is an infringement, and the high-risk level a criminal offence.
 

If I took a medicine/drug last night, how do I know it’s worn off enough to drive?

A positive result is generally accepted as indicative of recent drug use, rather than historical use, passive, or accidental exposure that is unlikely to cause impairment.
 

What’s a medical defence?

A medical defence is available for prescription medicines where drivers can demonstrate they have taken the prescribed medicine in accordance with their current prescription, and any instructions from a health practitioner or from the manufacturer. Visit the medical defence page to learn more.
 

 

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