2019 No. 83
Road Traffic

The Drug Driving (Specified Limits) (Scotland) Regulations 2019

Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 5A of the Road Traffic Act 19881 and all other powers enabling them to do so.
In accordance with section 195(2A)2 of that Act, they have consulted with such representative organisations as they think fit.
In accordance with section 195(4A)3 of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement1.

These Regulations may be cited as the Drug Driving (Specified Limits) (Scotland) Regulations 2019 and come into force on 21 October 2019.

Specified controlled drugs and specified limits for the purposes of section 5A of the Road Traffic Act 19882.

The table below specifies the controlled drugs4 and, in each case, the limit in blood for the purposes of the offence in section 5A of the Road Traffic Act 1988 (driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit).
Table

Controlled drug

Limit (microgrammes per litre of blood)

Amphetamine

250

Benzoylecgonine

50

Clonazepam

50

Cocaine

10

Delta-9-Tetrahydrocannabinol

2

Diazepam

550

Flunitrazepam

300

Ketamine

20

Lorazepam

100

Lysergic Acid Diethylamide

1

Methadone

500

Methylamphetamine

10

Methylenedioxymethamphetamine

10

6-Monoacetylmorphine

5

Morphine

80

Oxazepam

300

Temazepam

1000

H YOUSAF
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

Under section 5A(1) and (2) of the Road Traffic Act 1988, it is an offence for a person to drive, attempt to drive or be in charge of a motor vehicle on a road or other public place with a specified controlled drug in his or her body, if the proportion of the drug in the blood or urine exceeds the specified limit for that drug. Section 5A(8) provides that “specified” means specified in regulations, which under subsection (8)(b) are to be made by the Scottish Ministers in relation to driving, or attempting to drive, or being in charge of a vehicle, in Scotland. These Regulations specify the controlled drugs for this purpose and the limit for each, expressed as a concentration in blood.