OpenLegislation

The Drug Driving (Specified Limits) (Scotland) Regulations 2019

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2019, ISBN 9780111040478

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under section 195(4A) of the Road Traffic Act 1988 for approval by resolution of the Scottish Parliament.

Road Traffic

Made 2019

Coming into force 21st October 2019

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 5A of the Road Traffic Act 1988f1 and all other powers enabling them to do so.

In accordance with section 195(2A)f2 of that Act, they have consulted with such representative organisations as they think fit.

In accordance with section 195(4A)f3 of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

1988 c.52. Section 5A was inserted by the Crime and Courts Act 2013 (c.22), section 56(1).

f2

Section 195(2A) was inserted by the Scotland Act 2012 (c.11), section 20(9).

f3

Section 195(4A) was inserted by the Scotland Act 2012, section 20(10) and amended by the Crime and Courts Act 2013 section 56(3).

Contents

  1. 1Citation and commencement
  2. 2Specified controlled drugs and specified limits for the purposes of section 5A of the Road Traffic Act 1988
  3. Signature
  4. Explanatory note

1Citation and commencement

These Regulations may be cited as the Drug Driving (Specified Limits) (Scotland) Regulations 2019 and come into force on 21 October 2019.

2Specified controlled drugs and specified limits for the purposes of section 5A of the Road Traffic Act 1988

The table below specifies the controlled drugsf1 and, in each case, the limit in blood for the purposes of the offence in section 5A of the Road Traffic Act 1988 (driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit).

Table

Controlled drugLimit (microgrammes per litre of blood)
Amphetamine250
Benzoylecgonine50
Clonazepam50
Cocaine10
Delta-9-Tetrahydrocannabinol2
Diazepam550
Flunitrazepam300
Ketamine20
Lorazepam100
Lysergic Acid Diethylamide1
Methadone500
Methylamphetamine10
Methylenedioxymethamphetamine10
6-Monoacetylmorphine5
Morphine80
Oxazepam300
Temazepam1000

Signature

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

Explanatory note

(This note is not part of the Regulations)

Under section 5A(1) and (2) of the Road Traffic Act 1988, it is 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 his or her body, if the proportion of the drug in the blood or urine exceeds the specified limit for that drug. Section 5A(8) provides that “specified” means specified in regulations, which under subsection (8)(b) are to be made by the Scottish Ministers in relation to driving, or attempting to drive, or being in charge of a vehicle, in Scotland. These Regulations specify the controlled drugs for this purpose and the limit for each, expressed as a concentration in blood.