Road Safety Blog

Traffic laws and drunk driving legislation more require enforcement than change!!

We have to ask ourselves why something is broken  – and try to fix that – instead of every time trying to buy something new! The same applies to many aspects of road safety! It is often the implementation and enforcement that require adjustment  – and not changing the framework as provided by law. This could also be said of drunk driving in South Africa!

Drunk Driving Legislation – do we need Change?

The Arrive Alive website received the following email from someone who has been in the road traffic environment for a number of years:

It was reported on radio that the Minister is considering reducing the blood alcohol limit from 0.05 to 0.02. Before introducing this severe reduction I would appeal to the Minister to consider the following:

Fact: Alcohol is the overwhelmingly the cause of most fatal and injury crashes in South Africa.

Fact: The higher the level of alcohol, the greater the risk of a crash occurring.

Fact: The lowering of the blood alcohol limit from 0.08 to 0.05 some years ago did nothing to reduce the number of fatalities in South Africa.

Fact: Many of the fatalities involve intoxicated pedestrians who are not affected by blood alcohol legislation.

Fact: By lowering the limit you will now make potential criminals of the thousands, if not millions, of social drinkers like myself who enjoy one, or maximum of two, drinks most evenings and often drive home afterwards.

I therefore appeal to the Minister, before changing legislation, to firstly research the number of fatalities that have been attributed to persons with blood alcohol between 0.02 to 0.05 to see whether this is actually a significant proportion of alcohol related accidents and also whether this group has accident rates significantly different from accident rates of non-drinkers.

Secondly to concentrate and increase the law enforcement efforts on drinking driving at current 0.05 levels rather than turn the average law abiding citizen into a potential criminal (I do not include professional drivers for whom the 0.02 maximum is a reasonable and justifiable limit).

If the research suggested above does indicate that the level should be lowered, consider lowering this only on rural roads, or roads with a speed limit of 80km/h or greater, where the high speeds are more likely to lead to fatalities.

Kind Regards

Dr John Sampson, Ex-Chairperson of the Board of the RTMC.

My Thoughts:

Herewith I would like to share my personal thoughts – which is not that of the Department of Transport or Arrive Alive Campaign. It cannot be denied that drunk driving is a massive challenge in South Africa. I strongly support the efforts by friends such as Caro Smit from South Africans Against Drunk Driving and would like to see nobody drive drunk on our roads!

I would prefer seeing everybody drive 100% sober – but, perhaps because of my history in the criminal law environment, can see the large number of court cases with time and money wasted in challenging charges for drunk driving on technicalities such as alcohol in food or medicine if the limit is set at Zero…..or the increase in attempts to solicit a bribe from those who had a drink earlier…

It is perhaps more important to focus on what is broken – and in this Case I believe it is enforcement around drunk driving.

Too often drunk drivers get off free as a result of:

– Bribery and corruption

– Poor understanding of the operation of breathalyser machines or unavailability thereof

– Error is measurement and the procedure for testing.

– Technicalities and errors in prosecuting offenders in our courts

I believe we need to ask ourselves what the secret to success is in those countries where drunk driving has been combated much more effectively – and the answer is not to be found in the alcohol percentage – but rather in the enforcement of that blood alcohol level. We can also ask ourselves whether, if the limit is to made zero today, we will see a reduction in road deaths, if we do not address these other factors mentioned above….

We will continue to encourage safe driving by:

– Creating awareness of the risks of drinking and driving

– Promoting self -testing with breathalysers

– Encouraging party-goers to have a designated driver

– Promoting taxi services taking party-goers home

Also view:

The consequences of drunk driving and unlicensed driving explained

For more on alcohol and car insurance also view:

Also view:

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