Jersey: Motorists could be slapped with 'mandatory' driving ban for road offences under tougher laws
Drivers have been warned of new driving laws currently being proposed in Jersey, which would give police the power to carry out roadside drug tests and set clear legal limits for cannabis in a driver's bloodstream.Jersey's Minister for Infrastructure, Andy Jehan, has put forward changes to the island's road traffic laws that would introduce legal drug concentration thresholds.The plans would also allow officers to use roadside screening devices, similar to breathalysers for alcohol, to detect drug driving.Constable Jehan said the changes are needed to tackle the growing problem of people driving under the influence of drugs. Motorists in Jersey can be prosecuted if they are found to be impaired by drugs, although there is no specific legal limit for drug levels in the blood. Police also do not have formal powers to carry out roadside drug screening tests, prompting a warning from ministers that enforcement is made more difficult.Under the new proposed law, ordinary drivers would face a legal cannabis limit of five micrograms per litre of blood, more than double the current UK limit of two micrograms.Mr Jehan said: "We have gone for a limit of five compared to the UK limit of two because we are aware of the number of people who take medicinal cannabis for very good reasons."Drivers can be issued a 12-month driving ban if caught breaking the tougher drug driving rules | PADrivers with HGV licences, public service vehicle permits, or working as driving instructors would be subject to a lower limit of two micrograms. The same lower limit would also apply to any driver who is over the legal alcohol limit at the same time.Jersey's Chief of Police, Robin Smith, told a scrutiny panel: "My answer may surprise you in that I am more concerned about that than I am about the alcohol because it is harder to detect."If the law is passed, officers would be able to take sweat or saliva samples at the roadside using approved testing kits. A positive result could lead to arrest and a formal blood test at police headquarters. Ministers would also have the power to add other controlled substances to the legal limits in future. However, the plans have already drawn criticism from campaigners.The penalties would bring the island in line with the rest of the UK | LINCOLNSHIRE POLICESimon Harrison, of the group End Cannabis Prohibition Jersey, said the proposals could unfairly impact patients who legally use medicinal cannabis."There isn't a medical defence in the law for those taking medicinal cannabis and who may inadvertently go above the limit even though they are following prescription guidance, and this is accounted for in UK and Guernsey legislation, but hasn't been incorporated in Jersey legislation," he said. The draft law makes clear that the five-microgram limit would apply whether cannabis has been prescribed or not, with officials explaining that this is to ensure fairness and avoid discrimination. The Minister noted that drivers would not need to carry proof of a prescription under the proposed system.The new laws would introduce tougher sentencing for drivers caught with drugs in vehicles | GETTYAnyone convicted of driving with drug levels above the legal limit could face up to 12 months in prison and fines of up to £10,000.First-time offenders would also receive a mandatory 12-month driving ban, with anyone caught a second time within 10 years facing a minimum of three-year disqualification. The proposals were lodged with the States Greffe and are due to be debated by the States Assembly from March 24.Police would need funding for new testing equipment, officer training and laboratory analysis before the system could be fully rolled out.
