Roadside drug testing: Government plans to drug test drivers a step closer to fruition

Legislation to allow cops to drug test drivers is before Parliament. Photo / Supplied

The Government has introduced legislation to Parliament to allow police to drug test drivers.

Transport Minister Simeon Brown said the legislation would give police new powers to undertake random roadside saliva tests for drugs in a similar way to how drink-driving is enforced.

Drivers who return a positive screening result will have a saliva sample sent for further testing. If that finds any of the specified drugs at a level that indicates recent use, those drivers would be issued an infringement fee and demerit points.

“We are going to come down hard on people who are driving drugged on our roads,” Brown said.

“Alcohol and drugs are the number one contributing factor in fatal road crashes in New Zealand. In 2022, alcohol and drugs were contributors to 200 fatal crashes on our roads.

“Despite this, police currently have no way to undertake saliva testing for drugs at the roadside, and only 26% of drivers think they are likely to be caught while driving under the influence of drugs.”

The previous Labour Government had passed similar legislation in 2022 enabling oral fluid testing in a similar manner. Brown said the then Government was unable to procure an device suitable for evidentiary purposes.

Brown said he was confident that New Zealand had the resources and capacity to introduce roadside drug testing. He said the tests would be procured once the legislation had been passed.

“There’ll be a procurement process that has to go through, so once the legislation is passed there’ll need to be a procurement process in order to procure the tests, there will be a training process for police to be able to get out, step up, and actually deliver it. Our expectation is that they will do that shortly after passing the law.”

Drivers who refused to undergo a test would immediately be issued with an infringement notice and prohibited from driving for 12 hours.

“Our approach takes a much harder line on the causes of death and serious injury on our roads. We will do this by ensuring that motorists are safer and that people impaired by drugs think twice before getting behind the wheel.”

Brown said the legislation would go before the Transport and Infrastructure Select Committee after its first reading this week.

Julia Gabel is a Wellington-based political reporter. She joined the Herald in 2020 and has most recently focused on data journalism.