You are not allowed to drive a vehicle if you are under the influence of a drug that reduces your driving ability. This is described as follows in the Road Traffic Act (Article 8.1):
‘Anyone is prohibited from driving a vehicle or having it driven as a driver, while he is under such influence of a substance that he knows or should reasonably be aware of, that the use thereof – whether or not in combination with the use of a other material – the driving skills may impair that he should not be considered to be able to drive properly or to guide properly ‘.
By law, a vehicle means: a bicycle, moped, disabled vehicle, motor vehicle, tram or car. These rules apply to public roads. Anyone driving while under the influence of a substance is not allowed to drive a vehicle.’
Proof of Burden
How do you demonstrate that someone is under the influence of a drug? There is no test for this, such as a breathalyzer test for alcohol. For alcohol there is a limit of the permitted concentration in the blood of 0.5 per mile. But there is no comparable limit for medicines.
The information in the package leaflet and on the label can play a role in this. Negative advice of the doctor or pharmacist who prescribed the drug can show that the road user was aware. In the event of accidents, a pharmacist and his employees have a duty of confidentiality, in principle.
Application for driver’s license
Central Office for Driving Skills assesses whether someone is capable of driving a motor vehicle. When applying for a driving license, you must fill in a health declaration. The CBR can determine that someone is no longer fit to drive on the basis of medication use. In the Netherlands, there is no obligation to report health problems for people who have already obtained their driving license. Only when applying for the driving license by people aged 75 and older and with every application for a large driving license must a health Declaration be completed.
Professional drivers
Stricter rules apply to professional drivers than to all other road users. Professional drivers take longer in traffic, are sometimes responsible for passengers and often run additional risks by driving larger vehicles. It is therefore important that doctors and pharmacists pay extra attention to the risks of driving while prescribing and dispensing medicines that impede driving.
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Healthcare providers
Doctors and pharmacists are obliged to inform their patients about the possible side effects of medicines. This includes information about the driving hazard of prescribed medicines. Failure to provide this information means that the general practitioner and pharmacist are in default. When the patient has received this information, he is responsible for the decision whether or not to drive a moped, motorcycle or car.
The Civil Code (Article 448) states the following:
The care provider informs the patient in a clear manner and, if requested, in writing about the intended examination and the proposed treatment. The patient should be informed in such a way as is appropriate for his comprehension. The care provider will be guided by what the patient should reasonably know with regard to:
- The nature and purpose of the examination or treatment that he considers necessary and of the procedures to be performed.
- The expected consequences and risks thereof for the health of the patient.
- Other methods of examination or treatment that qualify.
- The state of and prospects for his health in terms of the field of investigation or treatment.