Motorists caught with drugs in their system will have their driver’s licenses immediately stripped under new police powers.
South Australia Police officers now have the power to issue an Immediate Loss of Licence (ILOL) 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.
Police Minister Joe Szakacs said it was a milestone announcement for road safety, welcoming the changes as they meant that police officers could remove dangerous drivers from the road immediately.
In addition to ILOL 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 ILOL.
Prior to the changes, SAPOL officers could issue an ILOL to drivers who are accused of exceeding the speed limit by 45kph 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 or causing death by use of a motor vehicle offence.
Minister Szakacs said the new laws also included the maximum fine being raised to $5000 for first offences involving excessive speed (exceeding the speed limit by 45kph 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).
Minister Szakacs said 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,” he said.
“In August, the Malinauskas Government introduced new extreme speeding laws 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.
“There is no place on South Australian roads for selfish and idiotic drug drivers.
It beggars belief that some people think it’s acceptable to drive after using drugs.
These new laws will ensure those selfish motorists have a stern wake-up call.
“The reckless decisions of drug drivers put everyone’s life at risk on the road, and all South Australians have seen the results of what can happen when people choose to get behind the wheel with drugs in their system.
“The consequences are very real.
“If you hoon, drink or drug drive you will be caught and you will pay the price – be it a loss of license, impound of your vehicle or even jail time.”
SAPOL Assistant Commissioner Ian Parrott said driving was a privilege.
“These changes send a hard and clear message that reckless driving and those who choose to drive with drugs in their system are making a very dangerous decision.
“They do not deserve to be on the road,” he said.
“Those who drive with drugs in their system or who drive dangerously are unable to react quickly or use good judgement on the roads.
“This puts other drivers, pedestrians, police and other road users at significant risk.”
