A fresh battle on drink-driving looms after the National Transport and Safety Authority (NTSA) said it intends to file a new suit to have last week’s Court of Appeal decison on the breathalyser test or Alcoblow clarified.
The NTSA argued that the decision has consequently put into disarray the its expectations on executing its mandate on the roads when dealing with drunk drivers.
“We will definitely move to court under a certificate of urgency over that judgment,” said NTSA director-general Francis Meja.
Even though the three-judge bench shied away from declaring the rules unlawful or unconstitutional, they found that the law that introduced the use of breathalysers is inconsistent with the Traffic Act, and hence cannot be used to enforce charges.
“No one can be charged under rule 3(1) of the breathalyser rules. It does not reinforce the provisions of the Traffic Act as was intended,” they ruled.
The judges faulted the fact that rules alone cannot amend statutory provisions considering that the breathalyser rules do not make it an offence to drive after consuming alcohol beyond the prescribed limits.
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