Draft Road Traffic Law (Drug Driving) (Jersey) Amendment Regulations 202- (P.32/2026) – Children’s Rights Impact Assessment

1)  Name and brief description of the proposed decision Decision' means:

• an Assembly proposition

• an amendment (or further amendment) to a proposition

• for Ministerial duty-bearers, policy under development

Assembly proposition to propose amendments to the Road Traffic (Jersey) Law 1956 to introduce legal limits for drug concentration in drivers and powers to conduct roadside drug testing.

2)  Which groups of children and young people are likely to be affected?

Groups of children could include early years, primary or secondary education; young adults; children with additional learning needs; disabled children; children living in poverty; children from particular ethnic backgrounds; migrants; refugees; care experienced children and LGBTQ+ children

Some children aged 16 and 17 are legally permitted to ride a powered two wheeler or drive a vehicle and would therefore be subject to the new offence if they are suspected of driving or being in charge of a motor vehicle with a concentration of a specified drug above a prescribed limit (new Article 28A).

3)  What is the likely impact of the proposed decision on children and on their rights?

Impacts may be positive or negative, direct or indirect

Include whether different groups of children will be affected differently by the decision

· Direct application of criminal sanctions (arrest, testing, prosecution) to children aged 16/17

· Possible involvement of children in enforcement procedures (e.g. evidential blood tests, custody)

· Safeguards for treatment of children within criminal justice process may be engaged  (e.g.  duty  of  care,  legal  advice,  contact  with parents/guardians/appropriate adult)

Overall, there should be a positive impact on all children groups (as vulnerable road users) in an improvement in road safety by this change in legislation removing high risk, high harm drivers from the road.

4)  Is a full Children's Rights Impact Assessment required?

If you have identified impacts on children and their rights, a full CRIA should be completed. If no impacts are identified then a Full CRIA is not required, but please explain your rationale and how you reached this conclusion

This legislation doesn't create new impacts on children per se, as they can already by stopped and arrested for driving under the influence of alcohol or drugs or other driving offences i.e. speeding. The way these children are processed by the Police in these scenarios are already built into legislation through the Police Procedures and Criminal Evidence (Jersey) Law 2003.