The introduction of a zero-alcohol driving law in SA has been rejected by parliament's portfolio committee on transport.
It is a blow to transport minister Fikile Mbalula’s plan to reduce the allowable alcohol limit for drivers to zero, which was drafted in the National Road Traffic Amendment Bill tabled in 2020. It was one of a number of proposed amendments to address gaps and loopholes in the National Road Traffic Act.
It means the current law would continue to apply, whereby motorists can drive with a blood-alcohol level not higher than 0.05g per 100ml — or 0.02g per 100ml for a professional driver.
Mbalula said the bill’s main focus was to reduce road carnage as SA records about 14,000 road deaths a year and remains one of the world’s most dangerous countries to drive in. It estimated that 58% of all collisions on the country's roads were attributed to alcohol, and Arrive Alive reported that half the people who die on SA roads have a blood-alcohol level above the legal 0.05g per 100ml limit.
However, in rejecting the zero-alcohol driving limit the portfolio committee instead called for improved enforcement of existing laws to help improve road safety.
“Following the extensive public hearings and engagements on the bill, the committee agreed with the majority of the submissions opposing the reduction of the blood and breath alcohol content for drivers to zero,” committee chair Mosebenzi Zwane said this week.
“The submissions linked to this aspect was not merely opinion, but had supporting research, concerns regarding practical implementation as well as comparative analysis on international practices,” he said.
This included the fact that medications such as cough syrups contain alcohol and would criminalise innocent motorists.
“In taking this into consideration, the committee called for improved law enforcement on the current provisions of the act and was of the view that the current provisions in the act would remain regarding the minimum levels of blood and breath alcohol in samples of blood or breath from driver,” said Zwane.
The Automobile Association (AA) was one of the parties opposed to the 0% drink-drive limit.
Changing traffic laws relating to drunk driving is meaningless and will be ineffective if current laws that regulate alcohol and driving are not properly implemented and enforced first
— Automobile Association
“For instance, someone who is using medication which contains alcohol will now be arrested, charged and possibly prosecuted for having a small dose of alcohol in their blood while their driving ability has not been impaired,” said the AA when the revised law was proposed in 2020.
The association said the proposed amendment would have made motorists soft targets for traffic law enforcers, and that the desired outcomes of improved road safety would not be met.
“Changing traffic laws relating to drunk driving is meaningless and will be ineffective if current laws that regulate alcohol and driving are not properly implemented and enforced first,” the AA said.
“The current enforcement of drunk drivers will not stop those who regularly exceed the limits because there are simply no consequences for their actions.”
The portfolio committee on transport also rejected a plan in the amended bill to introduce a provisional driver’s licence, an interim licence with restrictions on when and where people could drive (for instance night, highway and unsupervised driving) for a period of time before they earned a full driving licence. The current time-based system gives people with a learner’s licence two years to get their driver’s licence.
The bill must receive the green light from parliament.
“Following the consideration of these amendments in the National Assembly, the bill will be sent to the National Council of Provinces for consideration, public hearings and deliberations. The public are welcome and urged to participate in that process,” said Zwane.
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