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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. 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. In , 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. 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. The addition of Schedule 5 to the Act that includes 25 listed qualifying drugs that impair driving. 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. 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. 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. 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. 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. 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 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. 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. 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. 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. 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. 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. 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. 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. Skip to main content. Why has this change been made? What does this mean for drivers? Schedule 5 added for drug-driving The addition of Schedule 5 to the Act that includes 25 listed qualifying drugs that impair driving.
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Misuse of Drugs Act , ss 2, 3A, Schedules 1—3. It is now Class A. Note: To get up-to-date information about drug classifications you can look up the Misuse of Drugs Act , here or go to: www. Your local Community Law Centre can provide you with free initial legal advice. Find your local Community Law Centre online: www. The New Zealand Drug Foundation has a large amount of information about different drugs and their effects, and about criminal offences and penalties. Website: www. KnowYourStuffNZ provides free information, advice, and drug checking services using a range of testing methods at events around New Zealand. The Needle Exchange Programme provides and collects needles for safe disposal, advice on harm reduction, and is licensed to provide drug checking services. The MPI website has information about recreational fishing rules and customary gathering rights. The app works even when you have no coverage. You can also send a free text with the name of the species you are fishing for e. For more information about this: www. You can make a one-off donation or become a supporter by sponsoring the Manual for a community organisation near you. Every contribution helps us to continue updating and improving our legal information, year after year. Donate Become a Supporter. Chapters in this topic Common crimes Police powers Bullying, harassment and sexual harm Driving and traffic law The criminal courts. Did this answer your question? Yes No. Common crimes Where to go for more support Community Law Your local Community Law Centre can provide you with free initial legal advice. Also available as a book The Community Law Manual The Manual contains over pages of easy-to-read legal info and comprehensive answers to common legal questions. Buy The Community Law Manual. Find the Answer to your Legal Question. How we can help Overview Am I eligible? How does it work? Who are our lawyers? Donate to the manual.
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The new drug driving law includes illegal limits for specified prescription medicines and illicit drugs that impair the driver's ability to drive safely.
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