Since 2007, the New South Wales Police Force has conducted Roadside Drug Testing (RDT) operations. These tests, which have about a 15% conviction rate (approximately 8,250 convictions from every 55,000 tests, excluding cases dismissed by magistrates), check for three specific drug classes: Methamphetamine (MET), Cannabis (THC), and Cocaine (COC). The MET panel is sensitive enough to detect other drugs like Ecstasy (MDMA).
In contrast, drug testing in the workplace can target up to seven different classes of drugs. These include Opiates (OPI), Oxycodone (OXY), Benzodiazepines (BZO), and Amphetamines (AMP), in addition to the substances checked by police.
The dangers of both illegal and some prescription drugs are comparable in terms of impairment. A tragic example involves Kelly Renee Liddicoat, who, while under the influence of prescription drugs, killed two tradesmen. The drugs in her system included Diazepam at 670ng/mL (67 times the workplace limit), Oxazepam at 90ng/mL (9 times the workplace limit), and Temazepam at 80ng/mL (8 times the workplace limit), with Buprenorphine being under the workplace limit. Liddicoat's case led to a prison sentence starting in October 2023, with parole eligibility set for 2026.
The question then arises: Why aren't these substances included in roadside tests? The issue lies primarily in the legal and political realms.
Legal Considerations
Legally, the only substances that drivers are prohibited* from having in their blood, saliva, or urine while driving are
THC,
methylamphetamine,
3,4-methylenedioxymethylamphetamine (ecstasy),
cocaine.
Political Considerations
From a political standpoint, including drugs like OPI and AMP in roadside tests could be controversial. Certain medications, such as methylphenidate prescribed for ADHD, are taken in dosages that do not impair driving and are essential for safe operation by regulating behaviour.
Personal Views (Dan the Safety Man)
It seems a significant oversight not to include drugs like OXY and BZO in roadside testing. Oxycodone, used for severe pain management, should not be in the system of a driver. I’ve had oxycodone after surgery, I could barely walk to my car and get in the passenger seat, I couldn’t imagine trying to drive while high on it, it’s not like codeine or Panadol for a flu – oxycodone really impairs you. Hospitals generally advise against driving after administration of this medication. Furthermore, if someone has taken a sleeping tablet, such as those detected by the BZO test (which can only be detected for about 4 hours in oral fluid), it is only appropriate that they face serious legal consequences like a disqualification of their licence.
In Summary
The disparity between the substances tested in workplaces and those checked by police on roads raises questions about consistency and safety standards. This issue not only involves legal and medical considerations but also touches on broader societal responsibilities and the need for public safety. It might be time for New South Wales to re-evaluate its approach to roadside drug testing to better align with the realities of both prescription and illegal drug use. The issue lies in the consequences, if you fail a roadside test your privilege to drive is suspended for 24 hours, if you’re on medication for something like ADHD, including AMP in the test panel would unfairly impact those with psychiatric conditions who need their medication to function in society, but I can’t think of a defence for driving around high as a kite on sleeping tablets or strong painkillers.
*NOTE: It is still an offence (penalty $5,500 and/or 2 years jail) to drive whilst impaired by ‘legal’ medications like sleeping tablets, the only issue is there generally has to be an accident for police to get your blood at hospital meaning detection of these offenders is reactive, not pro-active.