New laws have been passed in New South Wales to enhance drug and alcohol testing of drivers and riders involved in serious injury crashes on the state’s road network.
The Bill, which was introduced to Parliament yesterday, will allow blood and urine samples to be taken from a driver or rider and tested for both drugs and alcohol if they are involved in a crash that results in grievous bodily harm.
The current law allows for mandatory drug and alcohol testing of all drivers involved in fatal crashes and has been in place since 2006.
It will also support police investigations of serious driving offences in response to recommendations by the NSW Sentencing Council report on repeat traffic offenders and will help ensure drivers who drive while impaired and cause serious injuries face the legal consequences.
It also seeks to extend post-crash testing powers to bicycle riders, meaning riders, like motorists, can have samples taken and tested where they are involved in fatal and grievous bodily harm crashes.
“This Bill will strengthen post-crash drug and alcohol testing, and further support police investigation of the most serious injury crashes on our roads,” Minister for Roads and Regional Transport Jenny Aitchison says.
“The NSW Government is sending a clear message that drink and drug driving is not acceptable and those who engage in this high risk behaviour will be held accountable, where they cause injuries consistent with grievous bodily harm.
“We are committed to improving road safety and reducing the number of fatalities and serious injuries on our roads, and this bill helps us achieve that goal.”
A further amendment addressed in the bill is the replacement of the term ‘accident’ with ‘crash’, which is something road safety advocates have asked for and is underpinned by the principle that any death and serious injury on the road network is preventable.
“We welcome the NSW Government’s move to expand post-crash drug and alcohol testing and replace the word ‘accident’ with ‘crash’ in legislation,” Road Trauma Support Group, NSW Founding Member Duncan Wakes-Miller says.
“These changes acknowledge that criminal road deaths are not random — they are preventable.
“My son Barney was killed by a drunk driver who got just a 12-month ban. Until vehicular violence is treated with the same gravity as other violent crimes, justice will keep failing grieving families. This Bill is a step forward — but not the finish line.
“Road crime must become a social anathema if we’re serious about saving lives.”
The amendment has been made as part of the state’s 2026 Road Safety Action Plan which has a target to halve deaths and reduce injuries by 30 per cent on NSW roads by 2030.
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