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

Draft 2019, ISBN 9780111040478

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.

Made under: Road Traffic Act 1988 (Section 5A)

PDFs: Printed copy https://openlegislation.uk/draft-drug-driving-specified-limits-scotland-regulations-2019/pdf/sdsi_9780111040478_en.pdf; Draft Policy Note https://openlegislation.uk/draft-drug-driving-specified-limits-scotland-regulations-2019/pdf/sdsipn_9780111040478_en.pdf

## Introductory text

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 1988 and all other powers enabling them to do so.
In accordance with section 195(2A) of that Act, they have consulted with such representative organisations as they think fit.
In accordance with section 195(4A) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

## 1 Citation and commencement

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

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

The table below specifies the controlled drugs 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 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

## 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.

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Source: https://www.legislation.gov.uk/sdsi/2019/9780111040478 (the official version)
Page: https://openlegislation.uk/draft-drug-driving-specified-limits-scotland-regulations-2019
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.