Police Enforcement Policy on Drink Driving
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The current allowance which is a discretion to provide warnings to drivers with Evidential Breath Test (EBT) readings over the prescribed limit of 22 but less than 27 micrograms of alcohol in 100 millilitres of breath (/100 ml) will be removed with effect from Sunday (September 21).

The move was a result of the review undertaken by the working group which was set up in May this year in Police's Traffic Branch Headquarters to review drink driving enforcement procedures in anticipation of the passage of the Road Traffic Legislation (Amendment) Bill 2008 by the Legislative Council, a Police spokesman said today (September 17).

"The review was necessary because the revised legislation passed in June had vested added power to the Police to conduct the random breath tests and the enhancements of penalties for several serious traffic offences. Scrapping the 5-microgram allowance was amongst the issues to be reviewed," the spokesman stressed.

The revised legislation not only empowers the Police to conduct random breath test, but also includes the disqualification of persons on first conviction of drink driving for a period not less than three months. In addition, mandatory attendance of Driving Improvement Course (DIC) for drivers incurring 10 Driving Offence Points (DOP) is also introduced. Any drivers convicted of drink driving will incur 10 DOP and will be required to attend the DIC automatically.

"These legislative amendments send a very clear message that the public wish the Police to take more stringent actions against drink driving. We therefore consider it is time to scrap the 5-microgram allowance," he explained.

He also pointed out that for historical reasons, Police policy allowed drivers with EBT readings over the prescribed limit but less than 27 micrograms/100 ml to receive a warning.

He said that prescribed limit of drink driving offences under Section 39A - G of the Road Traffic Ordinance were introduced in 1995 with the introduction of the Screening Breath Test (SBT) and EBT.

"In 1995 this was new legislation which had not yet been accepted by the public. Having taken the then prevailing circumstances into account, the UK practice of giving a 5-microgram discretion to drivers was adopted in Hong Kong and such drivers received a warning. The practice continued when the Road Traffic Ordinance was amended in 1999," he explained.

"However, the discretion has never precluded Police from pursuing investigation for an offence under Section 39 of the Road Traffic Ordinance should the circumstances suggest a driver is driving a motor vehicle under the influence of drinks," he stressed.

Over the years, the Police have implemented drink driving enforcement using a progressive approach in collaboration with the concerned Bureaux and Departments.

"Drivers whose SBT reading exceeds the prescribed limit of 22 micrograms/100 ml are arrested on the spot and taken to the nearest Police station then to a designated Breath Test Centre for EBT," he said.
The spokesman stressed that no drivers who had conducted a screening breath test would be allowed to drive on if the reading exceeded the prescribed limit.
He reiterated that Police were committed to improving road safety through education, publicity and enforcement under the Commissioner's Operational Priorities.

"Drink driving has been identified as a significant contributing factor to fatalities and serious injuries in traffic accidents. Police take enforcement action against drink driving seriously in accordance with the Road Traffic Ordinance," he added.

After removing the 5-microgram discretion, all drivers found exceeding the prescribed limit of 22 but under 37 micrograms/100ml in their EBT may, under Section 39D of the Road Traffic Ordinance, opt to replace their EBT readings with the results from analysis of blood or urine, which would be used as evidence in court. The procedure in handling drivers with EBT readings of 37 micrograms and above remains unchanged and that they will be charged.

Police Report No. 4
Issued by PPRB

Ends/Wednesday, September 17, 2008
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