The Minns Labor Government is strengthening road safety laws by enhancing drug and alcohol testing of drivers and riders involved in serious injury crashes on NSW roads.
The Bill, introduced to Parliament yesterday, will allow blood and urine samples to be taken from a driver or rider and tested for both drugs and alcohol if they are involved in a crash that results in grievous bodily harm.
The current law, which has been in place since 2006, allows for mandatory drug and alcohol testing of all drivers involved in fatal crashes.
The Bill will support police investigations of serious driving offences in response to recommendations by the NSW Sentencing Council report on repeat traffic offenders. This will help ensure that drivers who drive while impaired and cause serious injuries face the legal consequences.
It also seeks to extend post-crash testing powers to bicycle riders. This means bicycle riders, like motorists, can have samples taken and tested where they are in involved in fatal and grievous bodily harm crashes.
The amendment is an important action in the 2026 Road Safety Action Plan which has a target to halve deaths and reduce injuries by 30% on NSW roads by 2030.
The Bill will also deliver another key change by amending road transport legislation to replace the term "accident" with "crash." Replacing 'accident' with 'crash' is something road safety advocates have asked for and is underpinned by the principle that any death and serious injury on the road network is preventable.
Last year, the Minns Labor Government held the state's first road safety forum and these changes deliver on feedback from road safety advocates at the forum.
Quotes attributed to Minister for Roads and Regional Transport Jenny Aitchison:
"I'm pleased this Bill is being introduced to parliament today which delivers actions in the NSW Government's 2026 Road Safety Plan.
"This Bill will strengthen post-crash drug and alcohol testing, and further support police investigation of the most serious injury crashes on our roads.
"The NSW Government is sending a clear message that drink and drug driving is not acceptable and those who engage in this high risk behaviour will be held accountable, where they cause injuries consistent with grievous bodily harm.
"We are committed to improving road safety and reducing the number of fatalities and serious injuries on our roads, and this bill helps us achieve that goal."
Quotes attributed to Minister for Police and Counter-terrorism Yasmin Catley:
"Police are often first on the scene of serious crashes and see firsthand the irreversible, devastating impact of road trauma.
"Police tell me that the majority of serious crashes they are called to are preventable and not accidents - changing the language in the legislation recognises this fact.
"This bill gives police another tool so that drivers who cause grievous bodily harm to another person can be charged with the appropriate offence.
"I would like to thank the NSW Road Trauma Support Group for their tireless work to support victims of road trauma and their passionate advocacy regarding this legislation change.
"This will help improve road safety for everyone because we want all road users to make it home safely to their loves ones every night."
Quotes attributed to Road Trauma Support Group, NSW founding member Duncan Wakes-Miller
"We welcome the NSW Government's move to expand post-crash drug and alcohol testing and replace the word 'accident' with 'crash' in legislation.
"These changes acknowledge that criminal road deaths are not random - they are preventable.
"My son Barney was killed by a drunk driver who got just a 12-month ban. Until vehicular violence is treated with the same gravity as other violent crimes, justice will keep failing grieving families. This Bill is a step forward - but not the finish line.
"Road crime must become a social anathema if we're serious about saving lives."
