It has been illegal to drive a vehicle whilst impaired due to the influence of drugs for some time. However, MILS have recently had an increase in enquiries regarding drink and drug offences by RMI members, and unlike alcohol not only are some of these drugs legally prescribed and in use by employees, but the prescriptive limits that apply are less well known. This week, MILS have decided to try and provide a quick guide to what prescription drugs are controlled, what offences apply and what steps, if any, should be considered within the workplace. Prescription Drugs The following drugs are legal to proscribe but are controlled: Controlled drug Limit (microgrammes per litre of blood) Clonazepam 50 Diazepam 550 Flunitrazepam 300 Lorazepam 100 Methadone 500 Morphine 80 Oxazepam 300 Temazepam 1000 Offences There are two offences: Driving or attempting to drive a vehicle on a road or other public place and there is in a defendant’s body a specified controlled drug; and Being in charge of a motor vehicle on a road or other public place and there is in a defendant’s body a specified controlled drug. Being ‘in charge’ of a vehicle is not defined in the statute. However, the concept has been present in relation to drink driving offences for some time. As such there is a body of case law that can be used to interpret it. This is a flexible test, but there are 2 broad categories: The defendant is the legal owner or lawful possessor or had recently driven the vehicle, e.g. asleep in the driver’s seat with the keys in the ignition; Where the defendant is not the above, but was sitting in it or otherwise involved with it. This will be considered on a case by case basis, but it should be noted that there is no requirement for the prosecution to prove that there was any intention to drive the vehicle. Defence Where the level of one of the 8 prescription drugs in a defendant’s blood is above the prescribed limits, there is a defence if the defendant can be show that: The drug has been prescribed or supplied for medical or dental purposes; and The drug has been taken in accordance with the doctor’s or manufacturer’s directions. What does this mean for your business? All offences relate to driving the vehicle or being in control of a vehicle, as such there should be no criminal liability solely as a result of being the owner of the vehicle or employer of the driver. Owners of the vehicles will still be required to account for their vehicles and employers will still remain liable for the actions of employees whilst employed. What should I do now? We would advise that all members review their record keeping to ensure they can always account for their vehicles and any customer vehicles within their control. We would advise that members have a clear drink and drug drive policy and that this is circulated to any employees who drive company or customer cars as part of their employment. If you do not already have one, as an RMI member you have access to a suite of documents prepared by industry experts for your assistance, including a drink/drug drive policy. These are available in the member section of the RMI website as well as from the legal advice line as required. Consideration should be given to inviting any employees to discuss any prescription drugs they are taking, BUT it should be remembered that this will be sensitive personal data and as such should be held securely and in strictest confidence. You should not require employees to disclose this information. It should be noted that different rules apply in Scotland and Northern Ireland. As always, this advice is general in nature and will need to be tailored to any one situation. As an RMI member you have access to the RMI Legal advice line, several industry experts. Should you find yourself in the situation above, contact us at any stage for advice and assistance as appropriate. Motor Industry Legal Services Motor Industry Legal Services provides fully comprehensive legal advice and representation to UK motor retailers for one annual fee. It is the only regulated law firm in the UK which specialises in motor law and motor trade law. MILS currently advises over 1,000 individual businesses within the sector as well as the Retail Motor Industry Federation (RMI) and its members.