Drink and drug driving legislation: FOI release

Information requested

When some drink drivers go through the Scottish court system, they are given the opportunity of going on a course to lessen the length of their ban. However, the same offer is not made available to people who have been convicted of driving under the influence of drugs. Why is that?

Response

I can advise the availability of rehabilitation courses as a sentencing option following a road traffic conviction is governed by legislation that is reserved to the UK Parliament. In particular, the Road Traffic Offenders Act 1988 (at section 34A). As you correctly note, it is only in relation to drink driving (and certain other specified offences e.g. speeding) where a court can make an order that the period of disqualification imposed upon conviction be reduced if the offender satisfactorily completes an approved course. Drug driving is not included in the list of specified offences. This means courts in Scotland do not have this option at sentencing in drug driving cases and, as it relates to a reserved area of law, the Scottish Government has no powers to legislate to extend the current scope of rehabilitation courses to those who are convicted of drug driving offences.

It might be helpful to direct you to work which has taken place in this area by the then UK Government in 2022. A Call for evidence was carried out on the creation of a drug-drivers:

• high-risk offender scheme that requires clearance at a medical level to regain a drivers licence;
• rehabilitation course to help offenders tackle their issues

Further detail and supporting documentation can be found at the following website: Protecting the public from repeat drug-driving offenders: call for evidence - GOV.UK

If you have further questions about work in this area, including any future plans by the present UK Government, you may wish to contact the Department for Transport within the UK Government and/or the UK Transport Secretary, who have policy responsibility for this area. I have provided contact details below.

Department for Transport: Introduction : Contact Department for Transport

Secretary of State for Transport: Heidi Alexander MP: pocorrespondence@dft.gov.uk

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