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Publications and NoticesNew laws target reckless and drug driving
Monday, 13 February 2023
Motorists caught with drugs in their system will have their driver’s licences immediately stripped under new police powers.
From today, South Australia Police (SAPOL) officers have the power to issue an Immediate Loss of Licence notice to drivers who test positive for prescribed drugs.
This is a significant change from the current process where offending drivers are issued with an expiation notice or summons to attend court which may then result in a loss of licence but allows them to continue driving in the meantime.
In addition to instant loss of licence notices to drug drivers, the new laws also mean that a person driving recklessly or dangerously could have their licence suspended or disqualified by being issued an instant loss of licence
Prior to today’s changes, SAPOL officers could issue an instant loss of licence to drivers who are accused of actions such as:
- Exceeding the speed limit by 45km/hr or more over the signed speed limit
- Drink driving with a blood alcohol concentration between 0.08 and 0.149 (six-month disqualification) and 0.150 or higher (12-month disqualification)
- Refusing a drug or alcohol test
- Committing an extreme speed offence
- Causing death by use of a motor vehicle offence
There is no change to the legislation regarding the above offending and instant loss of licence will continue to be issued by SAPOL officers in those cases.
The new laws also include the maximum fine being raised to $5,000 for first offences involving excessive speed (exceeding the speed limit by 45km/h or more) and reckless and dangerous driving.
Other changes to the law are that motorists convicted of driving while suspended or disqualified can be jailed for up to 12-months (previously six-months).
Motorists who are convicted of a subsequent offence could also be jailed for up to three years (previously two years).
On average, over the past five years (2017-2021), 20% of drivers/riders killed on South Australian roads tested positive for a prescribed drug.
Prescribed drugs include THC (the active component in cannabis), methylamphetamine (speed, ice or crystal meth), MDMA (ecstasy) or a combination of these drugs.
In August, new extreme speeding laws were introduced because far too often we see heartbreaking stories of people who have lost loved ones due to the careless actions of others.
The latest changes are another way our hard-working police officers are striving to make communities as safe as possible.