The Drug Driving (Specified Limits) (England and Wales) Regulations 2014

Type Statutory-Instrument
Publication 2014-10-24
Last updated 2015-04-14
State In force
Department King's Printer of Acts of Parliament
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Made: 24th October 2014

Coming into force: 2nd March 2015

A draft of these Regulations was laid before Parliament in accordance with section 195(4)[^f00002] of the Road Traffic Act 1988 and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1

Specified controlled drugs and specified limits for the purposes of section 5A of the Road Traffic Act 1988

2

The table below specifies the controlled drugs[^f00003] and, in each case, the limit in blood for the purposes of the offence in section 5A of the Road Traffic Act 1988.

Controlled drug Limit (microgrammes per litre of blood)
Amphetamine 250
Benzoylecgonine 50
Clonazepam 50
Cocaine 10
Delta-9-Tetrahydrocannabinol 2
Diazepam 550
Flunitrazepam 300
Ketamine 20
Lorazepam 100
Lysergic Acid Diethylamide 1
Methadone 500
Methylamphetamine 10
Methylenedioxymethamphetamine 10
6-Monoacetylmorphine 5
Morphine 80
Oxazepam 300
Temazepam 1000

Signed

Signed by authority of the Secretary of State for Transport

Robert Goodwill — Parliamentary Under Secretary of State — Department for Transport — 24th October 2014

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Section 5A(1) and (2) of the Road Traffic Act 1988 makes it an offence for a person to drive, attempt to drive, or be in charge of a motor vehicle on a road or other public place with a specified controlled drug in the body, if the proportion of the drug in that person’s blood or urine exceeds the specified limit for that drug. These Regulations specify the controlled drugs for this purpose and the limit for each expressed as a concentration in blood.

An impact assessment of the effect that the offence will have on the costs of business, the voluntary sector and the public sector is available from the Road User Licensing, Insurance and Safety Division, Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR (telephone 020 7944 6945). The impact assessment is annexed to the Explanatory Memorandum which is available alongside this instrument on the UK legislation website at www.legislation.gov.uk.

Footnotes

[^f00001]: 1988 c. 52; section 5A was inserted by section 56(1) of the Crime and Courts Act 2013 (c.22).

[^f00002]: Section 195(4) was amended by section 56(3) of the Crime and Courts Act 2013 and regulation 4 of S.I. 1992/3105.

[^f00003]: Section 11(2) of the Road Traffic Act 1988 provides that the term “controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1971 (c.38). The definition of “controlled drug” was inserted into the Road Traffic Act 1988 by section 56(2) of the Crime and Courts Act 2013.

Editorial notes

[^key-7ed999e926b8acd5a9352ab6704162eb]: Reg. 2 in force at 2.3.2015, see reg. 1(1)

[^key-d6511286ceeef98ff00920bdfce127fe]: Reg. 1 in force at 2.3.2015, see reg. 1(1)

[^key-8c0353103ab786ad9c08dc599d9e3616]: Words in reg. 2 Table inserted (14.4.2015) by The Drug Driving (Specified Limits) (England and Wales) (Amendment) Regulations 2015 (S.I. 2015/911), regs. 1(1), 2(a)(b)

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