Citation

Bode HJ. Blutalkohol 2002; 39(2): 72-88.

Copyright

(Copyright © 2002, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

There are considerable reservations with regard to the (section)14 regulation dealing with the expert assessment of driving ability following the consumption of narcotics. This is due to the fact that the constitutional principles of legal authorisation, proportionality and equal treatment have been taken into consideration insufficiently. It is of pressing urgency that the legislative and decree bodies be structured in conformity with the legislation as soon as possible. Until this is the case, the regulation can only be adhered to with the restrictions given by the legislation. Administrative courts must ensure that these regulations be interpreted in the light of the guaranteed fundamental rights given by the German constitution.