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Roadside Drug Testing Coming


Published 03 Jun 2024

The Government plans to introduce legislation this year to implement roadside drug testing. This initiative forms part of its commitment to enhance road safety, including enforcing law and order, according to Transport Minister Simeon Brown. The proposed legislation was announced at the launch of Road Safety Week and law is expected to be introduced to Parliament by mid-year and enacted by the end of the year.

The proposed legislation will authorise police to conduct random roadside drug screenings using oral fluid testing devices, which will occur in a similar way to existing drink-driving enforcement methods. The Government aims for police to carry out 50,000 oral fluid tests annually. Brown highlighted the significant impact of alcohol and drugs on road safety, noting that they were the leading factors in fatal road crashes in New Zealand. Drugs and alcohol contributed to 200 fatal crashes in 2022 alone. Despite this, only 26% of drivers believe they are likely to be caught drug driving.

Brown criticised the previous Government's efforts, stating that although they had passed legislation for roadside drug testing - no substantial progress had been made over the past two years due to the legislation's flaws. He cited the requirement for roadside tests to meet evidentiary standards rather than screening standards as particularly problematic.

The new approach, which relies on oral fluid testing aligns with common international practices, particularly in Australia. This method will simplify roadside drug screening and eliminate obstacles that have previously hindered efforts against drug driving. Brown emphasised that drug drivers, who have long endangered other road users with minimal enforcement, will now face severe consequences under the new regime.

For employers, you need to be ready and have rules or policies in place for having to deal with staff who get caught up in police enforcement and prosecution. If you don't have workplace policies in place we strongly recommend you address this. Please see our recommended Drug & Alcohol system.

For members this is available from the Library section of your Employers Toolbox.