Yesterday Transport Minister Steven Joyce announced that he is going to include benzodiazepines among banned substances for drivers. This is short-sighted and will place hundreds of thousands of New Zealanders on the wrong side of the law for no good reason.

Under this addition to the 'Boy Racer' Bill currently before parliament people who are legally taking this prescription medication will be placed in the same category as those who use Class A narcotics - they will have to prove through a blood test and presumably in court that they were taking what they were prescribed. ACT does not support the inclusion of benzodiazepines in the banned list.

The Land Transport Amendment Act 2009, passed in June, created a new offence for drivers impaired by drugs. It included the capacity for police to compel suspected drugged-drivers to be tested and allowed blood-testing for drugs. ACT supported this legislation, but benzodiazepines were not on the list then. During Select Committee submissions, the dangers around benzodiazepines were not raised at all, by anyone – but a lobby group raised concerns just before the Bill’s final reading and Mr Joyce has now decided to tack an amendment to the Boy Racer Bill before Parliament.

It is irrational to lump law-abiding citizens in with P-crazed drug addicts and defeats the purpose of having prescription medications. Evidence around the effects they have on driving is extremely weak – an ESR study of deceased drivers from July 1 2004-June 30 2008 showed that only 22 of the 826 drivers deceased during this period had benzodiazepines in their bloodstream, and of those less than one percent had benzodiazepines alone.

Benzodiazepines are one of a number of commonly used anti-anxiety agents and sedatives. One thing the Minister hasn’t considered is that sleep deprivation is also a significant factor in road accidents – but he need only read his own road-side signs to get this message.

If Mr Joyce is seriously telling New Zealand that sedatives are significant contributors to our road toll he had better start examining anti-histamines, phenothiazines, tri-cyclic anti-depressants, and a host of other legally prescribed drugs that cause sedation. By eliminating half the population from driving he probably will make a hefty dent in the road toll.

I can't find evidence that supports such a move. I'm happy to stand corrected when scientific research shows that these medications are a risk of significance to those on the roads. Until then we should abandon putting in place legislation that is founded on guess work and concentrate on enforcing the laws we do have - such as drink driving legislation that really will save lives.