Pubdate: Sat, 19 May 2012
Source: Royal Gazette, The (Bermuda)
Copyright: 2012 The Royal Gazette Ltd.
Contact:  http://www.theroyalgazette.com/
Details: http://www.mapinc.org/media/2103
Author: Ceola Wilson

CARELESS DRIVERS SHOULD BE DRUG TESTED, SAYS SENATOR

People who drive carelessly should be tested for drugs as well as 
alcohol, Independent Senator Joan Dillas-Wright believes.

She made the assertion during the debate on the Road Traffic 
Amendment Act 2012 which passed in the Upper House this week.

"This whole issue of drugs is a major issue and I know that in the US 
certainly they can do saliva tests by the roadside because I'm sure 
we see people who may not be under the influence of alcohol but they 
may be under the influence of illegal drugs," said Sen Dillas-Wright.

"I know there is also a move afoot in the UK to introduce it. I think 
this is something that we need to be looking at because there are 
people who speed who are under the influence of drugs who take a 
daredevil approach.

"At the moment you just look for the careless behaviour and the 
speeding that might indicate that someone might be under the 
influence but I think the time will come when we will need to be able 
to find some method of testing for motorists using drugs."

The Senator said public cautions should be given to motorists taking 
prescription drugs like Ativan and Valium or sedatives which could 
affect their response time on the road.

The new legislation was piloted in the Upper House by Government 
Senator Jonathan Smith, who reflected on the tragic death of Tyaisha 
Cox. The six-year-old died after she was hit by a car while on a 
pedestrian crossing outside Purvis Primary School in 2003.

Mr Smith said the legislation goes beyond that tragedy because it 
addresses careless driving and driving while disqualified and uninsured.

Since her death he said "a number of road safety improvements have 
been made to pedestrian areas around school zones".

However One Bermuda Alliance Senator Michael Fahy said Government had 
taken too long to follow through with promises.

"Our problem is in respect of what has not happened since the tragic 
death on what Government's own statements have been," said Sen Fahy.

"There are a number of simple things that can be done to prevent such 
a tragedy, like passing a law to prevent passing buses in a lay-by 
whilst lights are flashing, and raising crosswalks.

"Our point is the problem was identified in 2003 and still in 2012 
this type of legislation has still not been introduced.

"On August 13 2003 then Transport Minister Ewart Brown said, 'We are 
coming up with some effective legislation ... to prevent a 
reoccurrence'. Eight years after Tyaisha's tragic death and nine 
years after the problem was identified, the Government [has only made 
improvements at] ten of 22 schools.

"In the midst of budget cuts the Government is going to complete ten 
in two years when it took them eight years to complete ten, never 
mind the fact that it was supposed to have done all crosswalks and 
made them safer."

He continued: "Worst of all, it took Government until mid-2007 to 
fully complete the promised changes at Purvis the very school 
crossing where the tragic accident happened."

Independent Senator James Jardine said of the crosswalks in Hamilton: 
"The lights I find are worse than the old ones in that there is no 
sounding buzzer when you cross, the red or green light is now low 
down when we're all used to looking up and I think it was a grave 
error to make those changes.

"I recognise that the new crosswalk lighting had to be put in place 
but I think they used the wrong changes and I, for one, would like to 
see them go back to the way they were before where there is a sound 
that indicates when it's time to cross."

Government Senator Kim Wilson said: "What this legislation does is it 
closes that gap by providing a definition for dangerous driving. In 
the previous legislation there was no definition for careless driving 
and we now have a definition for that, before we had an offence with 
no definition. This goes a long way in so far as addressing those two 
huge loopholes which have had serious ramifications.

Sen Smith noted the original Act was passed in 1947 and since then 
there had been "no less than 36 amendments" which "illustrates that 
it is constantly fluid".

"Far from standing still and far from being silent on these issues 
the Government has passed 15 pieces of legislation in the last 11 
years," he said.

Sen Smith said more amendments were on the way which, if 
"subsequently approved, will further enhance road safety around 
school zones and around bus stops in particular".
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