Those who consume marijuana or other drugs legally abroad could have their licenses suspended or revoked if they are found driving with residual traces in their system under new amendments proposed by the Ministry of Transportation and Communications (MOTC).
Those who use Class I or Class II narcotics, including cannabis, could have their driver’s license revoked, even if they were not driving at the time, with restrictions on reapplication, the amendments say.
Users of Class III or IV narcotics would have their license suspended.
Photo: Taipei Times
Given the addictive nature of narcotics and the potential for impaired judgement, cognition and driving ability, authorities believe that drug users could drive at any time under the influence, so removing their driving privileges until they have been treated is necessary to protect public road safety, the ministry said.
The proposed amendments further include increased fines for first-time and repeat drug driving offenses of up to NT$120,000, and license suspensions of one or two years expanded to revocations with a ban on reapplying for three years, it said.
Moreover, those aged over 18 who knowingly ride with a driver under the influence of drugs would also face penalties, with fines up to NT$15,000, it added.
The ministry also announced today that it plans to establish a driver qualification management system for drug users and drug-impaired drivers, with those whose licenses are suspended or revoked required to complete addiction treatment or drug awareness courses.
They would also have to remain drug-free for a specified period before they could obtain a new license or renew an existing one, it said.
Fines for drug-impaired car drivers would increase from NT$30,000 to NT$120,000, while motorcycle drivers would face fines up from NT$15,000 to NT$90,000, Minister of Transportation and Communications Chen Shih-kai (陳世凱) said.
The MOTC plans to submit the proposed amendments to the Road Traffic Management and Penalty Act (道路交通管理處罰條例) to the Executive Yuan this month, and following approval, it would be sent to the legislature for review.
The ministry said it aims to implement the amendments by the end of the year.
Under Taiwanese law, drug use itself is illegal, and driving under the influence could turn a vehicle into a deadly weapon, MOTC Secretary-General Shen Hui-hung (沈慧虹) said.
Article 5-8 of the Criminal Code provides that narcotics offenses committed outside of Taiwan are still subject to Taiwanese law, except in cases of simple possession or use, he added.
Cannabis, a Class II narcotic, presents an issue, as THC remains detectable in the body a long time after use, he said.
However, if drugs are legal overseas, but illegal in Taiwan, people still need to comply with Taiwan’s laws, he added.
Therefore, if police confirm drug use within Taiwan and report it, the offender may be penalized under the new amendments, even if the cannabis consumption occurred overseas, the MOTC said.
Enforcement of the new penalties would rely on police stops and investigations, although police do not conduct random inspections and are looking for suspicious behavior, Shen said.
Asked whether the revised laws would authorize law enforcement to directly confiscate vehicles involved in drug-driving, Department of Public Transportation and Supervision specialist Michael Chao (趙晉緯) told reporters the ministry would study the feasibility of the measure.
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