Proponents of better road safety have applauded a government proposal to introduce random drug testing for drivers, made in a national drug policy that is up for consultation.

The issue of drug driving has come into sharp focus after a car driven by a cocaine-fuelled man rammed into a pedestrian on January 18 in Gżira, killing her on the spot.

The driver, Jeremie Camilleri, has since been charged with the murder of Pelin Kaya.

The proposed national policy aims to reduce drug supply and demand and to implement legal and judicial reforms. But one proposal specifically targets drug driving.

“Introduce a new law on random drug testing for all drivers of all vehicles with a ‘zero tolerance’ for all illicit drugs,” the policy proposal reads.

As the law stands now, the police require “reasonable suspicion” before testing a motorist for alcohol or drugs.

Will it also apply to alcohol?

The draft policy does not make it clear whether the proposal will only apply to drug testing, or alcohol testing too.  

A Transport Minister spokesperson said it was too early to specify, while a spokesperson at the Social Policy Ministry noted that the plan is open to public consultation until April 29. 

"Nothing is cast in stone," the spokesperson said. 

Plans to revamp road safety laws and procedures kicked into gear late last year, in the wake of a record year for fatal traffic accidents.

Transport Minister Aaron Farrugia had indicated at the time that the government was considering spot checks to detect those driving under the influence of alcohol or drugs. Discussions are meant to be ongoing. 

Concerns over the right to privacy and a fair trial have come up should a random testing policy do away with reasonable suspicion. However, the proposed measure is also seen as important if Malta is to have safer roads.

“We must get away from reasonable suspicion and we need to have more enforcement. It is about time that something is done,” Pierre Vella, chairman of the Malta Road Safety Council, told Times of Malta.

The Malta Insurance Association, which is pushing for more alcohol breathalyser tests to take place, said it welcomed any changes that would lead to stronger and more effective enforcement against drink and drug driving.

But its director general, Adrian Galea says equipment is lacking for roadside drug testing that is equivalent to the breathalyser test for alcohol.

“This means drug users feel at ease when they get behind the wheel,” he said.

Vella says the technology does exist to test drug driving quickly.

Drug wipes, which are put on the inside of someone’s cheek, can detect seven different types of drugs and give results within minutes.

“They can now even detect cannabis,” he said. “The tools are there now, it’s just a matter of using them.”

Galea said enforcement can only happen if proper legislation is in place and adequate training and resources are afforded to the police and other enforcement agencies.

He said motorists should do their bit by ensuring that, if they do drink or consume drugs, they abstain from driving but resort to alternative means of transport.

Breathalysers used in just 3% of accidents

The MIA director general said that, according to data gathered by the association’s members, alcohol tests are administered in only three per cent of accidents that led to injuries and fatalities.

An average of eight breathalyser tests are conducted every week for alcohol. In February,  the MIA said this number was “on the low side” given that the police have at least 15 breathalyser kits given to them by the association.

Home affairs shadow minister Joe Giglio said “reasonable suspicion” such as erratic driving or incoherent speech should still be required before tests are carried out.

But he said any concerns about privacy would have to be balanced with concerns that the rights of others should not be harmed.

“While alcohol deters you from driving properly, so do drugs.”

When people make the decision to drive, they need to know that they are responsible for themselves, passengers and others on the road, he added. 

Human rights lawyer Therese Comodia Cachia said several human rights may come into play should the government follow through with random drug testing, namely a person’s right to life but also the right to privacy and a fair trial.

“A drugs policy could address a person’s right to health, another’s right to life and the corresponding state obligation to prevent arbitrary loss of life, yet another’s right to privacy or a person’s right to liberty and right to a fair trial,” she said.

On cases where employees are subject to drug testing, the European Court of Human Rights did not find that lack of reasonable suspicion for such testing was a violation of human rights, she said.

“One line in a policy which simply states that a law will introduce random drug testing for drivers could mean anything, but the devil will be in the detail of that law,” she said.