Dangerous drivers are to be instantly stripped of their licence if they return a positive roadside drug test under new laws.
Announced by the Minister for Road Safety, Vincent Tarzia, the Australian-first legislation Road Traffic (Drug Driving and Careless or Dangerous Driving) Amendment Bill 2021 also increases the maximum penalties for excessive speed, reckless and dangerous driving, and Driving Whilst Disqualified.
“Drug drivers have no place on our roads and this Bill has shut down a dangerous loophole that afforded some irresponsible motorists with the opportunity to continue driving despite a positive drug test,” Mr Tarzia said.
He said that once the new laws were in effect, South Australia Police (SAPOL) would have the power to issue a three-month instant loss of licence (ILOL) if a positive roadside drug screening test (DST) was returned.
Mr Tarzia said an ILOL for drug driving did not currently exist.
“If a driver returns a positive roadside drug screening test (DST), an oral fluid sample is collected and provided to Forensic Science SA for spectrometry analysis,” he said.
“This means there is a 28-day delay between the initial DST before a loss of licence is enforced, leaving drug drivers free to endanger lives.”
The Minister said the Bill would also enable SAPOL to issue a six-month ILOL for the offence of excessive speed regardless of whether the offence was already dealt with or the driver was being charged.
He said the Bill extended the application of aggravating factors to the offence of excessive speed, expanded the number of factors to mirror those that applied to the offence of extreme speed, and introduced a penalty of up to two years’ imprisonment.
Mr Tarzia said under the new laws, SAPOL could issue a 12-month ILOL at the roadside for reckless and dangerous driving, with amended maximum penalties to include: $5,000 or imprisonment for two years for a first offence; or imprisonment for three years for a subsequent offence.
He said the Bill also increased the maximum penalties for drivers who ignored disqualification: Imprisonment for 12 months for a first offence; or imprisonment for three years for a subsequent offence.
