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Last Update: January 7, 2009 7:22 PM


JUST SAY NO TO PROHIBITION

How's your saliva, driver?

Victoria has been the test bed for Driver Saliva testing, and NSW is basing it's program on the Victorian experience, so for all those worried about just how draconian these new laws will be, this article reproduces government information used to guide the NSW Driver Saliva testing program.

It also tells what we know of how the initial NSW Driver Saliva testing program will operate.

Saliva Testing in Victoria:
from:
http://en.wikinews.org/wiki/Random_driver_drug_testing_to_become_permanent_in_Victoria


After the world's first-ever 12 month trial of random drug testing for automobile drivers, the Victorian government yesterday introduced legislation into parliament for the testing to become permanent starting July 1, 2006. The government tests targeted for the presence of cannabis and amphetamines by use of a saliva swab. During the trial period, the presence of ecstasy was not tested, because at the time the trial period began, there was uncertainty over the accuracy of saliva tests for that drug.

The legislation comes in response to the discovery that one in 46 drivers tested were found positive for cannabis and/or amphetamines. Victorian Assistant Commissioner of Traffic, Noel Ashby said, "It is one in 46 drivers that we're testing are prepared to take a risk and endanger the lives of other people and that's really what we're about, we're trying to prevent people endangering the lives of others".

Of 13,176 tests carried out during the trial, 199 drivers tested positive for amphetamines only, 19 for cannabis alone and 69 for both amphetamines and cannabis. Each driver who tested positive was fined at least AU$307 and lost three demerit points.

Police also conducted tests for ecstasy, despite being unable to prosecute those driving under the influence of ecstasy alone. During the trial, 25 drivers tested positive to ecstasy alone and more than 200 tested positive for both ecstasy and amphetamines.

Victorian Police Minister, Tim Holding said existing penalties – which are softer than for drink-driving offences – were inadequate and would be toughened to ensure they reflected the seriousness of the offence.

At present, a first drug-driving offence incurs a $307 fine and three demerit points; subsequent offences a $1227 fine and up to a six-month loss of license.

In comparison, a drink-driving offence attracts a fine of up to $1200 plus disqualification from driving for at least six months and up to 10 demerit points. Repeat drink-drivers face the possibility of being penalised with a fine of up to $2500 or up to three months' imprisonment, plus a minimum one-year loss of license and use of an alcohol interlock device for at least six months.
Under the random roadside drug-testing system, drivers who test positive are forced off the road for 24 hours. A second swab is then taken and sent for testing to identify the drug before penalties are issued.

Ken Ogden from the RACV said he would like to see every booze bus in Victoria be able to also operate as a drugs bus.

Information from NSW government sources:

1) Why are the tests only suppose to pick up drugs used in last four hours – what advice or research is this based on?

This is due to the fact that the active component of cannabis only stays in the system for a couple of hours at the most/ less for ‘conditioned’ smokers. http://www.arrivealive.vic.gov.au

‘A report on drug-impaired driving produced for the U.S. National Highway Traffic Safety Administration in 2003 noted that cannabinoids appear to be especially difficult to detect in oral fluids, as very little drug is excreted into the saliva. A laboratory test is valuable to confirm an initial positive result in a saliva test’. Briefing Paper 15/04 NSW Parliament.

‘Drivers who may have inactive THC residue in their bodies from use in previous days/weeks will not be detected’.


In Victoria – for Cannabis – they only test for the active component in the drug and that this has a short life span within a persons system. They do not test for the non-active component – which stays in the system for much longer.

2) Did the premier announce that there would be a 12-month trial of this drug testing of motorists?

No, in December 2004 the Police Minister, Carl Scully, announced a 12-month random drug testing trial but it never went ahead.

There will not be twelve month trial of this testing.

3) Whom will look after this unit – have some police officers been trained to administer these tests, what laboratory is involved?

Initially, there will be one ‘Iemma-bago’ van to cover the whole state. A total of 20 officers will be trained for the unit.

The laboratory involved will be DAL (Division of Analytical Laboratories).

Most details will be handled by the Roads Minister and these would be covered in the 2nd reading speech in Parliament.

For answers to more "frequently asked questions": http://www.arrivealive.vic.gov.au/c_drugs_faq.html#17

 

I have heard it said that merely swilling your mouth out with mouthwash, orange juice, or the like, that the "contaminated" saliva is cleared, or by eating fatty chicken that emulsifies the "evidence", and transports it to the stomach. We will soon know if this is so.

If you have a Driver Saliva experience that is relates to the above, please let us know how it worked out. Email us at hemp@nrg.com.au. We would be grateful if you could.

 


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