The government plans to introduce tough legislation aimed at cutting down on the number of drivers under the influence of drugs.

Under the proposed legislation, suspected drivers will be required to undergo an impairment test and a rapid oral fluid test. Drivers who test positive will be compelled to provide samples of urine and blood for laboratory testing. If the lab test confirms the preliminary results, drivers will be charged and could face up to three years in prison, a HK$25,000 fine and disqualification from driving for five years.

The government has hired Stephen Collier, a retired UK police officer with extensive experience in road policing, drug and alcohol recognition, and training of police officers handling the tests. He says the accuracy rate of the tests in the US, the UK and Australia is over 90 percent.

Any driver showing signs of being under the influence of drugs will be subject to a drug influence recognition observation. Testing is normally carried out on the roadside, Chief Police Superintendent Stephen Verralls said.

The police officer will observe the signs and reactions of the driver through interactions to assess whether the driver is under the influence of drugs. If the driver is perceived to be under the influence of drugs, he will be required to take the rapid oral fluid test at the roadside or at police stations.

If his oral fluid contains specified drugs, he will be arrested and asked to submit urine and blood samples. He will also be required to surrender his driving licence and be banned from driving for 24 hours, Verralls added.

It will also be an offense to refuse to be tested or to provide urine and blood samples, said Verralls.

The impairment test will be conducted only in a police station by authorized officers and will be recorded on video. The police force hopes to train all the 1,500 frontline traffic officers to conduct the preliminary roadside observations, and about 50 officers to perform the impairment test prior to implementation of the law.

The impairment test has five elements, said Collier, including an eye examination to observe dilation of pupils and light sensitivity; a balance test, including walking in a straight line, turning, standing on one leg and touching the index finger to the nose.

The government will present the proposed amendment to a meeting of the Legislative Council (LegCo)'s Panel on Transport today. It hopes to introduce a bill into the LegCo during the second half of the 2010-11 legislative session.

China Daily

(HK Edition 11/26/2010 page1)