An expert is calling for tighter drug-driving laws, warning that, as things stand now, offenders can almost act with impunity, because police officers cannot carry out roadside tests for substance abuse.
Anna Maria Vella, who chairs the National Centre for Freedom from Addictions within the President’s Foundation for the Well-being of Society, made the appeal in the wake of a Bill proposing stricter alcohol limits.
Welcoming the move, Dr Vella, who has been working with substance abusers for 21 years, notes that when it comes to drug-driving enforcement, Malta lags behind. “There is no law setting limits on drug consumption, as is the case with alcohol,” Dr Vella points out.
“Police officers are only allowed to conduct a breathalyser test if they notice somebody driving in an erratic fashion.
“Nevertheless, roadside tests for illegal substances are not carried out in Malta.”
She expresses her frustration that efforts by the NGO to raise awareness on drug abuse seem to have fallen on deaf ears.
In May last year, the centre submitted a set of recommendations in a research document on drug-driving legislation in Malta.
Roadside tests for illegal substances are not carried out
Though a copy of the document was sent to all Cabinet members, no feedback was received, Dr Vella notes.
While the Malta Traffic Regulation Ordinance says that impaired driving under the influence of drugs (defined as any intoxicants other than alcohol) is a criminal offence, there are no established drug limits on the same lines that exist for alcohol.
There is also no distinction between drugs and prescribed medication or any reference to narcotic and psychotropic substances covered by the Dangerous Drugs Ordinance.
The research also found that, due to the loopholes in the law, a person found driving under the influence of drugs was often charged with negligent driving.
“At present, for the police to obtain any kind of intimate sample, like urine, sweat or saliva [to test for drugs], they need authorisation from the duty magistrate, which is practically impossible on the spot,” she says.
Still, Dr Vella cautions that, prior to introducing any legislation and starting to debate drug limits, the authorities must have the full picture of the prevailing scenario in Malta in the first place, since no such data exists at present.
This void is evident in the statistics kept by the EMCDDA (European Monitoring Centre for Drugs and Drug Addiction), through which countries submit their data on the number of traffic accidents involving people under the influence of drugs. “Unfortunately, no such data is being submitted by Malta for the simple reason that it does not exist,” she adds.
One possible solution the NGO recommended was to start carrying out anonymous roadside tests for a six-month period to establish how widespread substance abuse is among motorists.
“This would also entail setting up laboratories to analyse samples, because at present, no such facilities exist,” Dr Vella continues. She notes that a similar pilot project has been carried out in France and it would serve as a good basis to see what form of legislation is needed.
“What if such an exercise had to be carried out on Saturday night?” Dr Vella asks.
Next week, Malta will be hosting a stakeholders’ meeting on maritime and road safety as part of the EU presidency programme. Yet Dr Vella remarks that in addressing drug-driving, Malta seems to be taking the back seat, watching developments from the margins.