Abstract:
Driving under the influence is a major threat to road safety in South Africa. Various psychoactive
substances (both licit and illicit) have the potential to adversely affect driving performance and
increase the probability of a road traffic accident. While it is common practice in South Africa to
test drivers for alcohol levels, testing for additional impairing substances (including drugs of abuse)
is rarely performed. In terms of current South African legislation, only driving under the influence
of alcohol and a ‘drug having a “narcotic” effect’ is prohibited. This excludes several impairing
psychoactive drugs which are not classified as narcotic substances. The aim of this article is
to highlight issues and/or limitations surrounding drugged driving and to propose appropriate
considerations for revision of the National Road Traffic Act. We also recommend revising existing
legislation to include a comprehensive statutory definition and detailed provisions for drug testing to
deter impaired driving.
