Visible, consistent enforcement

The national conference on drug and drink-driving, organised by the Insurance Association of Malta (IAM), brought together judges, police officers, medical experts, policymakers and insurers to confront one of Malta’s most persistent and deadly road-safety challenges: impaired driving.

With parliament set to approve Bill 146, introducing roadside saliva testing for drugs, random roadside testing for alcohol and drugs and mandatory testing after accidents involving injuries, the conference delivered a clear and unified message: the new law is an important and long-awaited step forward but it must be visibly and consistently enforced if it is to truly save lives.

Speaking at the opening, association president Catherine Calleja reminded attendees that substance-impaired driving is no longer an occasional threat but a daily risk. Cocaine use has surged, cannabis is increasingly detected in traffic fatalities and emergency doctors are seeing more cases of aggression and incapacity linked to drugs.

Legislative gaps have, for years, limited police action; until now, officers required “reasonable suspicion” to conduct a breathalyser or drug test, even at 3am outside entertainment venues.

The amendments to the law will change that and the association strongly welcomes the reform. Random testing without the need for suspicion, reliable drug-screening technology and stricter penalties create a deterrent that Malta urgently needs.

Across Europe, countries that increased roadside testing saw a greater reduction in alcohol-related road deaths than in other types of collisions. Enforcement works but only when it is visible, frequent and consistent.

This theme was echoed repeatedly by speakers and panellists. Police Commissioner Angelo Gafà noted that the number of breathalyser tests carried out this year has already tripled compared to 2024. The new legislation provides the tools; now Malta must use them decisively.

Substance-impaired driving is no longer an occasional threat but a daily risk- Adrian Galea

Madame Justice Consuelo Scerri Herrera warned that inconsistent legal provisions have resulted in conflicting judgments, undermining public confidence. She reiterated that a law that is unclear “creates chaos and affects the rule of law” and will be unevenly applied. It is crucial, therefore, that our legislators ensure the bill is scrutinised to avoid the risk of misinterpretation and to ensure greater clarity.

For insurers, the issue goes beyond safety, it is also about ensuring fairness and speeding up justice for innocent victims. As IAM representative Francis Valletta explained during the panel discussion, motor insurance policies exclude cover for driving under the influence but insurers are nevertheless required by law to compensate third-party victims. What must improve is the timeline.

To determine liability and compensate victims promptly, insurers need immediate access to official roadside test results. Without them, claims can be delayed for weeks or months while facts are established, causing frustration for victims and unnecessary costs for all involved.

The new testing regime will only reach its full potential if results are transmitted to insurers as soon as they are confirmed.

The association is also calling for a further legislative change that would allow insurers to compensate innocent victims immediately while still retaining the right to recover costs from the impaired driver, without waiting for a civil court judgment.

At present, even when test results clearly show intoxicated driving, to have legal certainty about their right of recovery, insurers must wait for the court’s formal ruling before exercising it. This requirement causes unnecessary delays, slows down settlements and diminishes the law’s deterrent effect.

Malta’s ambition to align with EU road-safety targets, including Vision Zero by 2050, requires bold policy and firm enforcement. The upcoming reform in the law gives the country a real chance to reduce injuries, deaths and the human devastation caused by impaired driving.

But, as the Insurance Association Malta emphasised, the change will only succeed if it is backed by proactive policing, rapid information sharing and further refinement of the legal tools that protect victims while holding offenders accountable.

Above all, the message was clear: the law is changing but the culture must change with it. With visible enforcement, timely justice and a united national commitment, Malta can make its roads safer for everyone.

Adrian Galea is director general of the Insurance Association Malta.