The States agreed proposals from the Home Affairs Committee two years ago. The committee said it was now carrying out work and training to prepare for the new laws to come into force in the next few months. It said the laws would include the introduction of specified legal limits for certain drugs and the creation of an offence of driving while over the prescribed limit for specified drugs.
‘The legislative provisions currently in place in relation to personal assessment to drive and compliance with medical advice does provide protection for other road users if complied with,’ Home Affairs added.
‘The legislative changes proposed by the 2024 policy letter recognises that this personal assessment is inherently subjective and will provide additional protection once enacted.’
Home Affairs said that the new laws were necessary to help police and prosecutors, would enhance road safety, and would keep pace with other jurisdictions, and reflected the changing drugs landscape in the island, including illegal liquid vape products.
‘Police have seen an increasing number of instances in which it is suspected that motorists have consumed drugs – commonly cannabis or synthetic cannabinoids,’ it said.
Police do not currently use evidential portable alcohol breath tests or roadside drug screening tests, nor do they regularly execute preliminary impairment tests, similar to sobriety tests, to help assess intoxication, because use of these tests is not supported by legislation.
A motorist suspected of drug-driving rather than drink-driving would have to be arrested and a doctor called to carry out a blood test. But there are currently no limits set for drug use to impair driving.
This was adopted in the UK in 2015 and Home Affairs said it had been ‘successfully tried and tested’ in the English courts.
It is expected that Guernsey will adopt the UK limits and various methods of drug testing used in the UK, including impairment testing and drug screening swabs.