Random drug, alcohol testing to be introduced; mandatory prison for fatalities

Police are to be given the power to randomly test drivers for alcohol or drugs and laws revised to ensure anyone involved in fatal crashes while driving under the influence is sent to prison. 

Prime Minister Robert Abela and Home Affairs Minister Byron Camilleri announced the proposed changes on Tuesday, in the wake of pressure from several professionals and lobby groups following a spate of horrifying road accidents this summer.

The proposed changes, which Camilleri said come as police road checks have surged to unprecedented levels, focus on strengthening penalties and introducing new testing methods.

They will be incorporated into a bill tabled in parliament last June, titled Traffic Regulation Ordinance (Amendment) Bill, which will be debated once parliament resumes in September. Only the bill's title was tabled at the time. 

If the bill is approved, police will be empowered to conduct drug tests on drivers at the roadside, similar to current alcohol checks.

They will also be empowered to carry out drug and alcohol tests at random, instead of being required to have a "reasonable suspicion" that drivers are impaired.

Moreover, anyone who causes a person's death while under the influence of alcohol or drugs will face a mandatory prison sentence, eliminating the option of a suspended sentence.

Fines for driving under the influence of alcohol or drugs will be increased.

Police will also be able to request the immediate suspension of a driver's license while court proceedings are pending.

At present, motorists are only tested after accidents or when there is 'reasonable suspicion' that they may be driving under the influence.

2,000 'road checks' in eight months

Camilleri said 2,000 road checks were carried out in the first eight months of this year, matching the total for all of last year. 

This intensified effort, which complements the work of LESA and Transport Malta, is on track to nearly triple the number of checks conducted just three years ago, he said.

The minister stressed that despite these efforts, stronger deterrents are needed.

"It is not acceptable for someone to endanger the lives of others out of whim or carelessness," he wrote, adding that the proposed reforms are the result of extensive consultations and are intended to protect responsible citizens.

The prime minister also posted on social media, saying anyone who has driven irresponsibly, endangering themselves and others, should now think twice.

"We will toughen the deterrent for those who cause death while driving under the influence of alcohol and/or drugs," he wrote.

"With what we are proposing, the court will no longer have the option of giving a suspended sentence but will instead impose an effective prison term."

Emergency doctor Jonathan Joslin on Sunday reiterated his call for random testing of motorists for alcohol and drugs, saying it is the true deterrent in decreasing injury and death.

Several groups have over the past weeks called for roadside random testing after a spate of accidents linked to driving under the influence. Among them were the Insurance Association, the Malta Hotels and Restaurants Association (MHRA), and the Association of Catering Establishments (ACE).

The government itself raised the possibility of random drug testing for drivers when it launched the National Drug Policy for public consultation in March last year.

The Nationalist Party had said it would bring in a private member's bill to try to reduce road deaths.