Drugalyser legality questioned

THE effectiveness and legality of the Drugalyser - launched in the Western Cape last week - has been called into question by a local attorney and the Automobile Association.

Marius de Kock, a local attorney, said the idea that it is within the power of the police to do the testing of drugs "within the law is ludicrous".

"That MEC (Patrick) McKenzie can spend this much money without first talking to the Director of Public Prosecutions is laughable. The police have been coercing people into taking this test. It is an invasion of privacy. The fact is that they know that the test is not admissible, but expressly choose not to tell the public. If the public knew that they could refuse," De Kock said.

A drug driving report put together by the company manufacturing the device showed that a high number of Cape Town motorists pulled over at roadblocks tested positive for drugs. The tests were carried out at roadblocks between April and November.

But Automobile Association (AA) spokesperson Gary Ronald said there was no in-depth research proving that drug driving was a problem like drunk driving.

"It's because it's an illegal activity. With alcohol, we've got a good idea because of data collected over years. To properly test for drugs you need a full toxicology and this could be thousands of rands. And there's also the question of how much drugs are in your system (at the time of the screening). There might be residual, but you're not spaced out. It won't stand in court, but that might come with time," Ronald said.

He said the AA supported the idea, however.

Trimega Diagnostics managing director Avi Lasarow said the Drugalyser was very accurate and the technology was in use in nine countries.

In its drug driving report, Trimega Diagnositics said it was clear from its review of existing legislation "that urgent amendments were required to address roadside testing for drugs (as well as) alcohol".

- Cape Times

Christmas parties and drunken driving

Christmas parties and drunken drivingDrinking and driving in South Africa is a scourge. With Christmas parties commencing in earnest to celebrate the end of the year, the incidents of drunk drivers on the roads is likely to increase. Many drunk drivers do get home safely. Unfortunately too many are involved in accidents, often serious enough to result in deaths or injuries to themselves and others. The deaths of innocent road users have to be deplored.

Let us look at road fatalities in South Africa. The Road Traffic Management Corporation (RTMC) reported in its Road Traffic Report of March 2008 that in the one year from April 2007 to March 2008, 14,627 people were killed in motor vehicle accidents in South Africa.

That is an average of 1,220 individuals being killed on our roads each month or 40 every day.

On November 24 2008, reports indicated that 30 civilians were killed in war-torn Iraq, fewer than the average deaths on South African roads. In February 2008, the civilian death toll in Iraq totalled 947, considerably less than the average monthly road death toll in South Africa.

The RTMC has estimated that the average cost per crash is R1.146-million. Motor vehicle accidents in South Africa cost the country — the individuals involved, the government authorities (police, medical workers, emergency services and judicial officials), insurance companies and employers — a whopping R13.27-billion each year.

Not all road accidents are related to consumption of alcohol. However, a significant number of accidents are. Research by the Medical Research Council (MRC) in 2004 indicated that 53.62% of road users (drivers, passengers, pedestrians and cyclists) killed in accidents had a blood alcohol level that exceeded the legal blood alcohol limit. Of the drivers tested in the MRC research 50.88% were over the legal limit.

There is ample evidence that drinking and driving kills, so why is there little action to rid our roads of drunken drivers? Drinking and driving is socially acceptable in South Africa. The media is replete with reports of court cases each day involving prominent South Africans who have been arrested and convicted for driving while under the influence of alcohol: judges, doctors, lawyers, sports personalities, politicians, TV talk show hosts, priests, school teachers, and the list goes on. In such a society very little is likely to be done about drinking and driving. Of course, there are the usual advertisements by the Department of Transport and Arrive Alive each year just before a major public holiday urging people to drive safely and not to drink and drive. The most laughable adverts are those by alcohol manufacturers urging drivers not to drink and drive. This seems to make little difference to road users.

The problem lies with enforcement of the law and stiffer penalties. One often hears of a drunk driver being let off with a fine of a few thousand rand after having been found guilty of drunk driving and culpable homicide – the reckless or negligent taking of another person’s life. A person in similar drunken circumstances who discharges a firearm, killing another, is likely to face a prison sentence. Police officers, prosecutors and judges look upon drunk drivers with sympathy – they remember the days when they perhaps drove whilst under the influence of alcohol. They consider the drunk driver being prosecuted as being foolish for getting caught.

The penalties in the UK for driving or attempting to drive under the influence of alcohol is a fine of up to £5,000 (about R75,000) and/ or imprisonment of up to six months and a mandatory suspension of the driving licence for a period of 12 months. For a second offence the penalty is a prison sentence of up to 12 months and a mandatory suspension of the driving licence for three years. If the driver causes an accident whilst under the influence of alcohol, a prison sentence is likely to be imposed. If the accident results in death, the driver is likely to spend at least 10 years in prison and the driver’s licence will be suspended for a minimum of two years. For driving under the influence of alcohol without an accident, on average courts in the UK impose fines of £3,000 (R45,000) and a three months prison sentence and a suspension of the driver’s licence for 12 months.

Britain’s Chief Medical Officer has called on the government to cut the legal alcohol limit for drivers between the ages of 17 and 20 to zero to reduce the number of youngsters dying in car accidents each week. A similar call has been made regarding newly qualified drivers.

In the UK the government has presented a proposal that will see the legal blood alcohol limit for drivers reduced from 80 milligrams (0.08) to 50 milligrams (0.05) per 100 millilitres of blood. The UK limit is higher than other European Union countries except Ireland (0.08) and Malta (0.09). Czech Republic, Hungary, Romania and Slovakia have a legal alcohol limit of 0.0, while Poland, Estonia and Sweden have a limit of 0.02 and Estonia has a limit of 0.04. All the other EU member states have a limit of 0.05, although many have a lower limit for public transport drivers, commercial drivers and new drivers.

A combination of reduction of blood alcohol limit, enforcement of the law and publicity helps to reduce road deaths. In Switzerland the blood alcohol limit was reduced from 0.8 to 0.5 in January 2005 and random breath testing was introduced. Road deaths decreased 20% and research showed that this was attributable to a reduction of 25% in alcohol related deaths in 2005.

A concerted effort has to be made in South Africa to reduce drunk driving and alcohol related deaths on our roads. Employers hosting Christmas parties should ensure their employees have alternative transport available afterwards to take them home safely. Even hosts of private parties should take a more responsible attitude to drunk driving by refusing to allow a guest to drive home while drunk. But that requires the host to remain sober, which is most unlikely.

The responsibility to reduce deaths on our roads lies with everyone, most importantly with those drivers who drink and then risk killing others.

- M&G Thought Leader