Changes to the anti-drug legislation

The government in Bucharest makes changes to an emergency order on drug tests for drivers.

Leyla Cheamil, 12.07.2024, 14:00

Following vocal criticism from civil society, the government has modified its emergency order on drug tests for drivers. The legislation in question stipulated that drivers who refused to take the drug test would see their driving permits suspended until the publication of the results of the biological tests, which could have taken as much as several months.

The government has now decided that if biological tests are not processed within 72 hours at most, suspended driving permits would be returned. The authorities said the police may ask drivers to take the test if it is evident that there are banned substances in the vehicle or on its driver. If the final results released by the Forensic Institute indicate that drivers have ingested drugs, the driving licence would be suspended again, and the driver in question would be subject to the ensuing legal consequences.

Prime minister Marcel Ciolacu said the measures taken to prevent tragedies caused by driving when under the influence of drugs are very important, but cannot infringe on citizens’ rights and liberties. He said the procedure for the drug testing of drivers would be carefully monitored from now on. Marcel Ciolacu:

“We also are preparing norms to regulate the collection, storage and transport of samples for drug testing. The health and home affairs ministries will each month present a joint assessment on the compliance with the 72-hour-deadline.”

The home affairs minister Cătălin Predoiu said another important change is that biological tests can only be conducted by forensic institutions. An earlier version of the emergency order stipulated that tests could also be conducted by police labs, which, the minister emphasised, are in fact up to international standards. Cătălin Predoiu added that his ministry’s priority further on is to boost drug fighting efforts. “It is very important to increase our ability, as a society in general, to combat the scourge of drugs, which is devastating not only for Romania, but across all EU member states”, said Predoiu.

The changes to the emergency order were made after criticism from forensic experts, NGOs and drivers. The Declic community staged a protest in Bucharest calling for the drug test legislation to be scrapped. Its representatives say the document contained a series of abusive provisions, with cold medication also producing a positive result.