The Ministry of Internal Affairs developed an emergency ordinance by which the Highway Code is substantially modified to increase traffic safety. The ordinance establishes a clear procedure for suspending the right to drive for people who are psychologically unfit, the proposal being a way to manage situations like that of the former prefect of Gorj, Dan Ilie Morega, who was caught repeatedly behind the wheel, even though his license was suspended.
The Highway Code is amended
In its current form, the Highway Code stipulates that the driver’s license of a person who is declared psychologically unfit to drive is withdrawn by the traffic police and can only be regained after the termination of the reason for which this measure was taken.
Breathalyzer. Photo Source: EVZ Archive
Any doctor who notices that a person has symptoms that could make him unfit to drive is required to issue a referral to a psychologist, and the driver is also required to undergo testing. If this indicates that the person concerned is unfit to drive, their license is withdrawn. If the doctor who issued the referral ticket does not receive the results of the psychologist’s testing within 30 days, the doctor must immediately notify the police.
Drivers caught drunk can request a retest
“It is necessary to introduce the possibility for the person who drives a vehicle on public roads for which the law stipulates the obligation to hold a driving license to request a second test, if the test result is up to 0.10 mg/l of pure alcohol in the exhaled air , given the fact that some recently consumed foods can distort the measurement”, says the explanatory note. It refers to the situation where the consumption of some food, usually fruit, produces alcohol in the stomach through fermentation. In the case of a low blood alcohol level, below 0.10 mg/l, the driver can request a new test at least 15 minutes after the first, but no later than 20 minutes. If the result of the second test is negative, the driver will not be penalized.
The driver whose alcohol test showed values between 0.11 and 0.40 will be able to request the collection of biological samples, if he suspects that the test result was not correct. An anomaly related to the immobilization of a vehicle is also corrected. Among the situations in which the law enforcement officers can resort to this measure is if the driver is under the influence of alcohol or drugs. If the driver refuses the test, the police cannot prevent him from getting behind the wheel again.
What happens to drivers who get behind the wheel?
Regarding drug testing, the Ministry of the Interior wants to correct a major problem generated by the high number of false-positive results. At the moment, after a positive drug test result, the license is suspended until the result of the biological samples comes. Through the ordinance amending the Highway Code, biological samples can be analyzed in specialized laboratories within the accredited General Inspectorate of the Romanian Police or in public healthcare units authorized and accredited for such determinations, according to Fanatik.
