NSW Parliament Passes Bill to Include Cocaine as Prescribed Illicit Drug in Road Transport Act 2013

Thursday 3 May 2018 @ 10.33 a.m. | Legal Research

The Road Transport Legislation Amendment (Road Safety) Bill 2018 (NSW) (‘the Bill’) was passed by the NSW Legislative Council on 2 May 2018, and is currently awaiting assent. This Bill proposes to amend the Road Transport Act 2013(NSW) ('the Act') to include cocaine as a 'prescribed illicit drug' and to align the consequences of driving a motor vehicle under the influence of a drug with the consequences of doing so with a high blood alcohol level.

Main Amendments

This Bill mainly proposes to amend the Road Transport Act 2013 (NSW) in order to make the following changes:

  • To prescribe cocaine as an 'prescribed illicit drug';
  • To align the consequences of driving a motor vehicle while under the influence of drugs with the consequences of driving while having a high blood alcohol level;
  • To authorise a police officer to prevent a person suspected of being under the influence of alcohol or another drug from driving a motor vehicle;
  • To authorise the use of certain devices for the enforcement of offences relating to the use of a mobile phone by drivers.

In addition, the Bill proposes the following amendments:

  • Amendment of the Marine Safety Act 1998 (NSW) to align the provisions relating to cocaine to the amendments relating to cocaine in the Road Transport Act 2013 (NSW);
  • Amendment of the Transport Administration Act 1988 (NSW) to provide that penalties for offences relating to using a mobile phone while driving are payable to the Community Road Safety fund.

Minister for Roads, Maritime and Freight, Ms Melinda Pavey noted in her second reading speech that these were the ‘first legislative initiatives to be delivered as part of the New South Wales Government's Road Safety Plan 2021.’ On the background of the plan, she stated:

‘The plan reflects the internationally recognised Safe System approach to improving road safety. It has been developed based on evidence and expert advice from across Australia and countries with the safest roads in the world. Development of the plan also involved input from road safety stakeholders, practitioners and the community. In total, more than 4,000 people helped to develop the plan through expert workshops, an online survey and community forums. As part of the plan, the key challenges of drug driving and driver distraction are being tackled from a road-user perspective with a combination of enhanced enforcement, education and tougher penalties.’

On the inclusion of cocaine as a prescribed illicit drug, Ms Pavey said:

‘The bill also adds cocaine to the three "prescribed illicit drugs", cannabis—THC, speed/ice— methylamphetamine, and ecstasy—MDMA, that are currently tested during roadside drug enforcement, and will make it an offence to have cocaine present in oral fluid—saliva—when driving. This will make New South Wales the first jurisdiction in Australia to test through roadside oral fluid testing for this common illegal drug that can affect driving skills.’

On the amendments relating to the use of mobile phones, Ms Pavey said:

‘The purpose of the reforms in the bill is to drive innovation in robust enforcement technology that addresses mobile phone distraction. The reforms are intended to allow for technology to develop in different ways, while prescribing that automated enforcement in New South Wales will always be expected to meet minimum requirements. All automated camera devices used for enforcement in New South Wales must be approved for a particular use. These amendments will allow enforcement devices that photograph mobile phone use offences to be approved for use. The amendments are designed to be broad enough to ensure that technology developers are not limited in their design, and allow existing infrastructure and technology to be used where appropriate. For example, this may allow existing traffic enforcement devices such as speed cameras to be used if they are deemed appropriate. The amendments will also include mobile phone offences within the definition of a "detectable traffic offence".’ 

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Sources:

Road Transport Legislation Amendment (Road Safety) Bill 2018 (NSW), second reading speech and explanatory memorandum available on TimeBase's LawOne service.

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