In Spain there is no way of evaluating the influence of drugs and other chemicals on driving with devices applied at the roadside. Notwithstanding, there is legislation about this subject; it appears in articles in the Penal Code where “driving under the influence of drugs of abuse and psychoactive substances” is considered to be a crime. Despite this, no subsidiary norms have been developed that allow to establish and/or measure that influence. The case of alcohol is considerably different in the sense that the levels and procedures used to evaluate its influence on driving are perfectly delimited. The tests used to detect drugs and psychoactive substances appear very generically in the Traffic Law 13/1992 (January the 17th) and are established in the following terms: 1.- The medical check-up and clinical analysis that the forensic surgeon or any other experienced scientific officer considers appropriate. 2.- At the request of the person concerned or via judicial order. In this sense, it is necessary to indicate that there are noteworthy differences regarding this situation in other countries; in the big majority of the countries taking part in the project ROSITA, the suspicion of the Traffic Police that a driver is under the effects of drugs allows them to ask for biological samples such as urine and even blood. This measure is based on the agent’s estimation of the clinical signs that the driver shows, and, logically, the test is performed warranting privacy and hygiene. In addition, in Spain there are no precise epidemiological data about the incidence of drugs and chemicals in the road traffic, especially regarding the incidence on accidents, preventive controls and offences. Only the data provided by different investigators about the number of people killed in accidents and the number admissions of injured at hospitals have allowed to determine that the situation of the problem in Spain is similar to other surrounding countries. Considering these circumstances, the organization of drug controls in road traffic in Spain -although with two limitations: restriction to a specific geographic area (NW Spain) and its voluntary nature has two important consequences: 1) The establishment of an awareness of the absolute need to control drugs and other chemicals in road traffic. A wide diffusion of the project in the mass media has contributed to it, as well as the information that was supplied to the drivers by the investigators and the police. 2) A good training of the traffic agents when assuming a task in the prevention of problems caused by the consumption of these substances and the accidents or infractions taking place in road traffic. (Author/publisher) For more information see http://www.rosita.org/
Samenvatting