Minister Chambers Signs Mandatory Roadside Drug Testing Provisions into Law

Minister of State for Transport, Jack Chambers, has signed into law the Road Traffic Act 2024 (Commencement) (No.2) Order 2024. This Order commences Part 4 of the Act, which deals with mandatory roadside drug testing for drivers involved in serious collisions.

Provisions are set to come into effect from midnight on 31 May 2024.

Speaking after the signing of the Order, Minister Chambers said:

“The signing of the ‘mandatory drug testing’ provisions into law is an important milestone in our response to the trends we are witnessing on our roads. Driving under the influence is one of the four main causes of road fatalities and it is simply unacceptable. Ensuring that enforcement by An Garda Síochána is underpinned by robust road traffic legislation is a priority for me and my Department. Government is committed to doing all it can to reverse the really alarming trends we have seen in recent times, where fatalities have been rising year-on-year. One life lost is one too many on our roads. I am committed to commencing the remaining provisions of the Act in the coming period, which will further enhance our response to the trend.”

The Road Traffic Act 2024 was signed into law by the President on 17 April and forms a key part of the Government response to the rising trend in road fatalities in recent years. The Act is being implemented in stages and seeks to bring about targeted and systemic change in key areas linked to dangerous driving behaviours.

From midnight on 31 May, members of An Garda Síochána will be required to test drivers involved in serious collisions for the presence of drugs in their system. This follows the similar requirement for ‘mandatory alcohol testing’ in the same circumstances. In the past, Gardaí have had a discretionary power to test for drugs. With research and evidence indicating that drug driving is increasing on our roads, this change is intended to discourage dangerous driving behaviour and ensure that all those who drive under the influence and are involved in a serious collision are detected.

The Department of Transport recently conveyed sanction to the Medical Bureau of Road Safety to purchase an additional 10,000 “Drugwipe” test kits this year. This should ensure that members of An Garda Síochána are adequately equipped to carry out increased numbers of roadside drug tests.

The Order sets a maximum waiting period of 30 minutes for roadside drug testing. The 30-minute period starts after a driver has supplied an oral fluid sample for drug testing. While it is not often that drivers will be required to wait the full 30 minutes, unfortunate or unpredictable events can occur at the roadside, such as a faulty test, or another motorist in need of urgent assistance. The 30-minute period allows for the results of the drug test to develop, which usually takes eight minutes, and for an additional test to be conducted, if required.

In addition to the introduction of mandatory drug testing, the Act also legislates for safer default speed limits on urban, national secondary and rural, local roads as well as introducing other road safety measures which will be implemented in stages.