Guiney, Ciara (2024) Road Traffic Act 2024. Drugnet Ireland, Issue 89, Autumn 2024, pp. 17-18.
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The Road Traffic Act 2024 was enacted on 17 April 2024.1 The purpose of the Act is to overcome anomalies evident in the existing legislation. It provides for changes to the penalty points regime (Part 2), speed limits (Part 3), and mandatory roadside testing of drivers involved in serious collisions for intoxicants, which will now include drug testing (Part 4). This article will focus on Part 4, which provides for several amendments to the Road Traffic Act 2010.
Section 12 of the Road Traffic Act 2024 amends Section 9 of the Road Traffic Act 2010.2 Section 9 of the 2010 Act provided for four circumstances where a member of An Garda Síochána can request breath specimens to test for drugs and alcohol if they are of the opinion that the person:
a. Has consumed an intoxicant
b. Is committing or has committed an offence under the Road Traffic Acts 1961 to 2011
c. Is or has been, with the vehicle, involved in a collision, or
d. Is or has been, with the vehicle, involved in a collision where someone has died, has an injury, or requires medical attention at the scene or needs to go to hospital.
This meant that a Garda ‘shall’ test an individual’s breath for alcohol in situations (a) and (d) and ‘may’ do so in situations (b) and (c). However, in relation to drugs, the word ‘may’ is used for all circumstances. In situations (a) and (b), there was a requirement to test for alcohol but not for drugs.
The new Act amends Section 9 so that the situations in which a Garda shall test for drugs and alcohol are now the same.
Sections 12 and 13 of the Road Traffic Act 2024 amend Sections 9 and 10 of the Road Traffic Act 2010 to include the insertion of subsections (2C) and (4A) after subsections (2A) and (4), respectively.
Under both of these subsections, where a Garda requires an oral fluid specimen from a person’s mouth, the individual is required to remain at the vehicle or nearby for at least 30 minutes after testing until the testing apparatus shows the presence or absence of drugs in the specimen.
Sections 14 and 15 of the Road Traffic Act 2024 amend Sections 22 and 23 of the 2010 Act. These amendments were wording changes that take account of the changes introduced under Sections 12 and 13 of the Road Traffic Act 2024.
Commencement
Provisions for Part 4 of the Road Traffic Act 2024 commenced on 31 May 2024.3 After signing the commencement order, Minister Chambers stated that:
The signing of the ‘mandatory drug testing’ provisions into law is an important milestone in our response to the trends we are witnessing on our roads. Driving under the influence is one of the four main causes of road fatalities and it is simply unacceptable.
Ensuring that enforcement by An Garda Síochána is underpinned by robust road traffic legislation is a priority for me and my Department. Government is committed to doing all it can to reverse the really alarming trends we have seen in recent times, where fatalities have been rising year-on-year. One life lost is one too many on our roads. I am committed to commencing the remaining provisions of the Act in the coming period, which will further enhance our response to the trend.3
In order to ensure that Gardaí have adequate roadside drug tests, the Department of Transport has sanctioned the acquisition of 10,000 additional DrugWipe test kits.
1 Road Traffic Act 2024, Ireland.
2 Road Traffic Act 2010 Revised, Ireland.
3 Department of Transport. Minister Chambers signs mandatory roadside drug testing provisions into law [Press Release]. 29 May 2024. Available from: https://www.drugsandalcohol.ie/41129/
A Substance use and dependence > Substance related societal (social) problems > Alcohol / drinking and driving
B Substances > Substances in general
MM-MO Crime and law > Substance transportation laws (driving)
VA Geographic area > Europe > Ireland
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