KILLER DRIVERS ON DRUGS WILL GO FREE - DAUGHTER

A woman whose mother was killed by a driver on drugs says 90 per cent
of fatal crashes involving drugs will not be prosecuted under new
legislation.

Today she will begin a 140-hour hunger strike to protest against what
she says are apparent loopholes one hour for each person killed by
drugged drivers on New Zealand roads each year.

Rachael Ford's mother, Mary Radley, died in a crash in 2004 after a
drugged driver ploughed into her car at Koromiko near Picton.

The man, whose name was suppressed, later admitted driving under the
influence of methadone and benzodiazepine a tranquilising drug he had
obtained illegally. Mrs Ford said that under the new crime of driving
while impaired by drugs, set out in the Land Transport Amendment Bill
before Parliament, he would not be punished for driving under the influence.

"Mum's crash wouldn't have been prosecuted under this bill he was on
methadone and benzodiazepine he would have gotten off on that." She
said major problems with the bill included:

Prosecutions for drug driving, except for class A drugs, are not
possible without a driver impairment test and a blood test. But
drivers hurt in an accident cannot be made to take the impairment test.

A class of sedative drugs called benzodiazepine is not included in the
list of drugs drivers can be prosecuted for under the new crime. These
drugs can be prescribed, but are often abused by drug users, and can
react badly with alcohol.

Mrs Ford said New Zealand should follow other jurisdictions, Australia
included, where impairment testing was not necessary for a conviction
of driving under the influence.

"A forensic scientist can testify ... there's also confessions ...
like in my mother's case, and witness statements. It just involves a
little bit more police work."

Mrs Ford and other members of Campaign Against Drugs on Roads will be
on hunger strike this week. The bill goes into its third reading on
Tuesday.

Transport Minister Steven Joyce said the main purpose of the new law
was to catch impaired drivers before they had accidents. "Once they
have an accident they are up for a number of charges, including
dangerous driving 'driving while impaired' is to give police a
roadside test to determine if someone should be driving."

He could not explain why benzodiazepine had been left out of the
law.

"That's the way the Labour government drafted it, and that's how it
came back from select committee, but I will have to check whether that
was intended."

The crime would carry a maximum penalty for a first offence of three
months' jail, a $4500 fine and at least six months'
disqualification.

Green Party co-leader Metiria Turei said the bill needed urgent
changes. "It has to be fixed. It shouldn't proceed if a major class of
prescription drugs which are known to cause impairment are excluded."

National has promoted the bill as a way to strengthen road safety laws
by creating a crime for driving under the influence of drugs. It
replaces the old test of being "incapable" of proper control of a
motor vehicle.