Chemistry and Life: the Russian was deprived of the rights because of the taken pill
Taking medications containing narcotic or psychotropic substances is grounds for revoking a driver's license. This is the conclusion reached by the Supreme Court of the Russian Federation. To prevent motorists from taking risks, an official list of drugs that are unacceptable for driving is needed, as well as appropriate labeling of such drugs, experts and lawyers say. The necessary legislative changes are already being prepared by State Duma deputies, Izvestia found out.
They found the "forbidden"
In July 2023, the capital's traffic police, when checking documents, suspected that the driver was intoxicated. This, as follows from the case file, was evidenced by the instability of his posture and a sharp change in the color of the skin of his face. During the medical examination, codeine was found in the body. On this basis, the driver was found to be intoxicated. As a result, the magistrate's court found the motorist guilty of violating clause 2.7 of the traffic regulations, and, according to part 1 of Article 12.8 of the Administrative Code, deprived him of his driver's license for a year and a half, and also fined him 30 thousand rubles.
The driver did not agree with this decision, referring to the fact that he did not use narcotic substances, but only took medications. He challenged the decision in the District Court, and then in the Second Court of Cassation of General Jurisdiction. However, these authorities did not accept his arguments, so he filed a complaint with the Supreme Court.
To refuse the complaint
After reviewing the case file, the Supreme Court concluded that the lower authorities had made a lawful decision and held the motorist accountable in accordance with the requirements of the law.
"The substance codeine is included in the list of narcotic drugs, psychotropic substances and their precursors, approved by Decree of the Government of the Russian Federation dated June 30, 1998 No. 681, <...> whose turnover in the Russian Federation is limited and in respect of which control measures are established in accordance with the legislation. Thus, the actions of [driver] Hasanov (surname changed. — Izvestia) form the objective side of the composition of the administrative offense provided for in Part 1 of Article 12.8 of the Administrative Code of the Russian Federation," the Supreme Court said in a ruling.
As a result, the Supreme Court upheld the decisions of the lower courts and dismissed the complaint.
According to the law
From the point of view of the law, the Supreme Court's decision is absolutely correct, says Sergey Radko, a lawyer for the Freedom of Choice movement. According to the Administrative Code, the deprivation of rights follows the very fact of the presence of narcotic and psychotropic drugs in the driver's tests, regardless of the amount found in the body, he notes.
— Codeine is included in the list of narcotic substances. Accordingly, the decision to hold the driver accountable is technically correct," the lawyer told Izvestia.
Another thing is that the dose of this substance that enters the driver's body may not have an intoxicating or intoxicating effect, Sergei Radko notes. However, the quantitative indicators that are taken into account when intoxicated (the driver is considered drunk if the ethyl alcohol content exceeds 0.16 mg per liter of exhaled air) do not play a role in detecting drug intoxication, the lawyer reminds.
— According to the Administrative Code, disqualification is for the very fact that narcotic and psychotropic drugs are present in the driver's tests, regardless of the amount found in the body, — notes Sergey Radko.
Substances on the list of narcotic drugs, psychotropic substances and their precursors are part of some painkillers, antihistamines and antipyretics, Alexander Kovtun, a psychiatrist and narcologist, told Izvestia.
— Some of them are available by prescription, some, for example, corvalol, are freely available. However, the content of substances in these drugs that affect attention and reaction is minimal. When taken in the doses specified in the instructions, such drugs do not have an intoxicating effect on humans," he explained.
A "brick" for medicines
The problem of deprivation of rights for the use of certain drugs is quite old, but it is still acute, says Igor Morzharetto, a member of the Presidium of the Public Council under the Ministry of Internal Affairs of the Russian Federation. However, it has remained unresolved for a long time, he emphasizes.
— A single list of medications that cannot be used to drive vehicles could be a serious help for motorists. This would resolve many issues," the expert noted.
Such a list was prepared by the Ministry of Health last year, recalled Yaroslav Nilov, Chairman of the State Duma Committee on Social Policy and Veterans' Affairs. However, it is informational in nature. In order for it to be mandatory, changes in legislation are needed, the parliamentarian noted in a conversation with Izvestia.
—We are currently working on appropriate amendments that will allow the Ministry of Health to compile a mandatory list of medications that drivers are not allowed to drive when taking," Yaroslav Nilov said.
He stressed that its appearance would allow drivers not to read the instructions for each drug in order not to risk their rights. Moreover, these instructions often contain vague formulations: one manufacturer clearly indicates such a ban, the other is limited to the phrases "not recommended" or "should be abstained from," the deputy noted.
At the same time, Yaroslav Nilov admits, such a list by itself solves the problem of "prohibited" medicines for motorists only by half.
— The driver is not a pharmacist. He does not have to figure out which medicine is included in this list and which is not, and read the instructions written in small print to them. We intend to re-submit to the State Duma a bill that obliges to put on the packaging of a drug, after which it is impossible to drive a car, a clear and understandable marking — a pictogram, " Yaroslav Nilov told Izvestia.
According to him, the "brick" sign may appear on the packages of such medicines, which is understandable to all drivers. The relevant bill will be sent to the State Duma for consideration "in the near future," the parliamentarian noted.
Taking into account the "clinic"
Labeling of "forbidden" medicines will certainly be useful for drivers, allowing them to be more informed, Alexander Kovtun believes. However, the list of such drugs will never be exhaustive, as new drugs are constantly appearing, the narcologist-psychiatrist noted. According to him, the proposed measures are a fight against the consequence, not the cause of the problem.
— The problem lies in the incorrect method of medical examination, which takes into account only laboratory tests — the very fact of the presence of a substance in the body — but does not take into account clinical indications (blood pressure, pulse rate, etc.) Until 2003, there was a "Temporary instruction on the procedure for medical examination to establish the fact of alcohol consumption." and states of intoxication", adopted back in 1988. It also provided for the consideration of a person's clinical condition, which made it possible to make a more correct conclusion," said Alexander Kovtun.
Переведено сервисом «Яндекс Переводчик»
