Introducing roadside drug screening through the use of handheld devices could boost authorities’ ability to carry out efficient drug-driving tests, a document issued by the President’s Foundation for the Wellbeing of Society suggests.

The document – Exploring Drug Driving Legislation in Malta in the Context of the European Landscape – was unveiled by the President yesterday at the Palace in Valletta.

Developed by the National Centre for Freedom from Addictions within the foundation, the document compares local legislation with that in three other European countries – Norway, Belgium and the UK – and makes recommendations.

“There is little public awareness of how the use of drugs may impair an individual’s ability to operate vehicles of any kind, endangering themselves, and the lives and well-being of those around them,” the foundation’s director general Ruth Farrugia said.

According to the document, the need to carry out research to understand the prevalence of drug-driving and its impact on road accidents would be the first step in bringing about any effective change.

“Unfortunately, national-level data on deaths resulting from drug- (and drunk-) driving is currently unavailable.

“National studies to identify which substances are of greatest concern, how these are being used by drivers, and how they are ultimately affecting road safety on a local level, are urgently needed,” the document said.

There is little public awareness of how the use of drugs may impair an individual’s ability to operate vehicles

Such studies would then need to be collected within a central repository so as to guide those developing legislation.

On recommendations tied to the development of polices and legislation, the report recommends that a two-tier system is adopted where limits for a defined list of ‘problem’ drugs are available but prosecution on the basis of impairment remains possible.

“There are two main legislative options to tackle the drug-driving problem. These are an ‘impairment approach’ or a ‘per se approach’. Implementing and enforcing impairment legislation requires the provision of evidence showing that the driving abilities of the driver were impaired when they were stopped by traffic police, as well as evidence that a psychoactive substance was present in the driver’s body.”

According to the proposals, in the case of the ‘per se’ approach, a driver commits an offence if the concentration of a substance in the body reaches or exceeds a legally-prescribed threshold. While general safety objectives should not be confused with general policies concerning drug-use, the document stipulates that consideration should still be given to how other legislation may influence the implementation of ‘per se’ drug-driving legislation.

“Given the relationship between drug possession and drug-driving, consideration needs to be given to how the Drug Dependence Act could affect or influence the implementation of future drug-driving legislation,” the document says, referring to the legislation that came into effect last year.

Under the new law, simple possession of small quantities of drugs (up to two grams, or two pills of ecstasy or similar substances) will be subject only to fines which range from €75 to €125.

Possession of less than 3.5g of cannabis will carry lower penalties, between €50 and €100.

After analysing similar laws in other European countries, the foundation suggests that any new law that is introduced would have to be subject to amendments and improvements while training of all those involved in the detection procedures would have to be mandatory.

“Training in the recognition of the physical signs of impairment should be instituted and complement any sessions to instruct traffic police in the use of hand-held screening devices.

“Training should also extend beyond the police force, and include any other professional that may be involved in determining driving impairment due to drugs, for example, physicians and toxicologists.”

Other recommendations made by the foundation include sharing information with other EU countries, the development of specific treatments as well as developing tailor-made procedures to issue penalties.