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Brown pushes to revive impaired driving laws

A triple-pronged effort to use laws passed a year ago -- but not yet put into effect -- to stop drunk and drugged drivers will kick off today.

Transport Minister Ewart Brown said last night he could act as a "bridge'' between his department, Health officials and Police to get the laws compelling doctors to test accident victims for drugs or alcohol operational.

And as a doctor he was in a unique position to see all sides of the legal "breakdown'' which has seen sections of the 1997 Road Traffic Amendment Act go unenforced.

He revealed he planned to meet with Health and Family Services Minister Nelson Bascome this morning to start mediating between Police and medical personnel.

The push comes in the wake of the "unacceptable'' level of deaths on Bermuda's roads -- 17 so far this year.

It is understood many of 1998's worst accidents have involved drivers suspected of being under the influence of alcohol or drugs.

Doctors, transport authorities and Police supported the introduction of the law and even campaigned for it to be put into place.

But despite being entered in the books in January, some aspects of it have laid virtually unused after hospital officials ordered doctors not to comply.

They feared medicos could become entangled in legal wrangles and the new duties also conflicted with their main priority of helping patients.

Last month, Chief Insp. Roger Kendall admitted the hospital position meant Police could do "absolutely nothing'' to prove someone was driving under the influence of illicit drugs even if he was involved in an accident.

And the doctors' refusal meant Police had no way of testing whether someone was impaired by alcohol if they were unable to give a breath test -- for instance if the patient was unconscious or had a head injury.

The breakdown meant offenders could easily slip through the net and there was little to deter them from the same dangerous actions.

Dr. Brown said yesterday his role outside politics as a physician meant he was in the unique position of "wearing two hats''.

"As a result I understand the position taken by the hospital and I also understand this new law,'' he said. "I believe the two can be bridged -- it's simply a management problem. This can be fixed and will be fixed shortly.'' He said he was aware of a "solution'' used overseas to circumvent the problem.

"There's absolutely no need to reinvent the wheel. We can benefit from what other countries already know.'' But he declined to reveal the approach he planned to suggest until later today when he met with Mr. Bascome.

"I am very optimistic we can make this work. It's already in place in other jurisdictions.''