Legislation `about road safety', Senator says
make Bermuda's roads safer.
The Road Traffic Amendment Act -- forcing impaired drivers to take blood or urine tests -- was given its second reading in the Upper House.
All 11 senators welcomed the legislation to crack down on drivers under the influence of alcohol or drugs.
And Progressive Labour Party Sen. Milton Scott said it was now time to stop drivers from drinking any alcohol before getting behind the wheel.
He said: "If we really want to get to grips with impaired driving, we should treat drugs and alcohol the same.
"There are many jurisdictions in the US where, if you drink any liquor, you don't drive because it's illegal.
"Until we get to that stage in Bermuda we are just appeasing those out there in the community who sell alcohol.
"I think if you drink, you shouldn't drive.'' Government Senate Leader Sen. E.T. (Bob) Richards dismissed the call to ban all drivers from drinking and said the law did not aim to preach to people.
He said the present drink-drive limit of 80 milligrams of alcohol in 100 millilitres of blood was sufficient.
He added: "The consumption of alcohol is very much part of our society. If you don't want to drink that's fine but don't stand in judgment over those who do.
"We have to decide how much someone can drink without being a danger to others.
"The Road Traffic Amendment Act is not legislation aimed at making people teetotallers.
"It is about road safety. We are not here to preach temperance to people.'' Fellow UBP Sen. Larry Scott introduced the Bill for its second reading and said driving suspensions would become mandatory for anybody convicted.
He added that three new criminal offences had been created -- driving while impaired and causing the death of another, driving while impaired and causing grievous bodily harm, and driving while any dangerous drug is present in the body.
Those drugs included amphetamines, Ecstasy, cocaine, diamorphine, heroin, LSD and marijuana or cannabis, he said.
And the law, which will take effect once it is signed by the Governor, will even require first-time offenders to go on rehabilitation courses, said Sen.
Scott.
Convicted motorists will also have any driving ban reduced if they successfully complete rehab programmes, he added.
"A refusal to give a sample of blood or urine under the proposed law is tantamount to conviction,'' said Sen. Scott.
"Medical authorities have always been aware that in many cases, drugs have been contributory factors in accidents.
"The problem was that nothing could be done about it because it wasn't considered to be evidence for the purpose of criminal law.
"But those samples can now be brought to the court to establish a prosecution case.'' The Act will allow some suspects to be driven straight to hospital so their blood or urine can be tested for drink or dangerous drugs.
That will only apply to drivers involved in accidents which have caused death or serious injury.
But Police will also be able to obtain Magistrates' orders to test for alcohol in blood or urine if motorists are stopped by routine patrols.
Independent Sen. Alf Oughton said employers should be made to tell staff what will happen to them if they are banned from driving.
"Employees should have a very good idea of the consequences if they should get caught for impaired driving,'' he said.
"They need to know that they may lose their jobs or they might be given a task sweeping the yard or something to keep their employment.'' Another Independent Senator, Walwyn Hughes , said Bermuda's attitude to drink-driving was "too casual'' and poor standards on the Island's roads were a "national disgrace''.
He said: "I think we have a rather casual attitude to this in Bermuda.
"Certainly if you travel abroad, like to the UK, there is a genuine fear of venturing out in your vehicle if you have had more than a half a glass of wine.
"Here, people don't think like that. Tourists must be terrified, quite frankly. Bad behaviour on our roads is something of a national disgrace.'' Progressive Labour Party Sen. Terry Lister added: "This is an extremely good Bill and I agree with so much of it that it would appear I was looking over the Minister's shoulder.
"I'm also pleased about the timing of this because hopefully we will get the Governor's signature on it before Christmas.
"All the Christmas drivers out there need to think about that.'' However, Opposition Senators Neletha Butterfield and Milton Scott said there was no sense in having the legislation in place without the resources to help offenders.
They asked whether rehabilitation courses will be in place when the legislation is enacted and what the courses will entail.
"If we're here today discussing this, we should have programmes in place for this,'' Sen. Butterfield said.
Sen. Scott added that those who came before the court under the law needed rehabilitation "as soon as possible'', particularly if the offender pleaded guilty.
"What Magistrates' Court needs to look at is how they can get these case before them as quickly as possible,'' he said. "They can't even get a parking ticket before the court within seven months. The intent (of the law) is good.
But will this Act work with such a backlog in cases?'' Sen. Scott said while the Bill was "a good start'', it was riddled with loopholes.
"Police will arrive on the scene and everyone will be tested because initially lots of cases like this will be tested and taken to court.'' Sen. Scott also predicted that there will be problems in the "discriminating method the law will be administered''.
