Commission Recommendation of 17 January 2001 on the maximum permitted blood alcohol content (BAC) for drivers of motorised vehicles (Text with EEA relevance) (notified under document number C(2000) 4397)
Date: 2001-01-17
Institutions: European Commission
Subjects: alcoholism, motor vehicle, road safety, transport safety

14.2.2001

EN

Official Journal of the European Communities

L 43/31

COMMISSION RECOMMENDATION

of 17 January 2001

on the maximum permitted blood alcohol content (BAC) for drivers of motorised vehicles

(notified under document number C(2000) 4397)

(Text with EEA relevance)

(2001/115/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community, and in particular Article 71 thereof,

freight vehicles that, above a certain limit, alcohol and
driving is a dangerous activity and that different limits in
different Member States are potentially confusing and
weaken the message that driving under the influence of
alcohol

is dangerous.

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

(7)

One of the objectives of the common transport policy is
to lay down common rules applicable to international
transport within the Community,
in particular with
regard to the safety of road users in the Member States.

The Commission adopted a road safety programme of
specific measures
to improve road safety in April
1997 (1), and priorities were established in March
2000 (2).

The growth in road passenger and freight transport since
1988 has increased exposure to road accidents in the
past decade.

It has been estimated that between 1 % and 5 % of
drivers in traffic have BAC levels above their maximum
national BAC limits and that such drivers are proportio-
nately much more likely to be involved in road acci-
dents, accounting for up to 20 % of fatal and serious
injuries, and up to 25 % of driver fatalities. There is a
need to separate irresponsible drinking behaviour from
driving.

It is estimated that at least 10 000 drivers, passengers,
pedestrians and cyclists are killed every year in road
accidents in which a driver's competence was impaired
due to alcohol on roads in the Community.

the relative risk of accident
Research confirms that
involvement increases significantly at BAC levels above
0,5 mg/ml and that for the average driver the relative
risk of accident involvement is about twice that of a
driver with zero BAC, within the 0,5 to 0,8 mg/ml
range. In fatal accidents the relative risk is much higher.

The primary aim of a more uniform maximum BAC
limit within the Community is to provide a clearer and
more consistent message to drivers of passenger and

(1) Promoting road safety in the EU: The programme for 1997 to

2001 (COM(97) 131 final).

(2) Priorities in EU road safety: Progress report and ranking of actions

(COM(2000)125).

(8)

(9)

(10)

A more uniform BAC limit will provide a clearer refer-
ence for national enforcement. Wherever drivers are
driving within the Community they should be more
aware of a more uniform limit above which, if they are
caught, they will be subject to the penalties applicable in
the national
the offence was
committed.

jurisdiction where

There is ample evidence that reductions in BAC limits,
supported by effective enforcement and publicity, can
reduce inappropriate drinking and driving at all BAC
levels.

It is estimated that at least a 10 % reduction in all
fatalities in accidents involving inappropriate drinking
and driving is not unreasonable from a package of meas-
ures incorporating national enforcement and publicity
based around reduced BAC limits, and that greater
reductions are possible from more extensive enforce-
ment.

(11)

is likely that

the social value of complementary
It
concerted action to reduce inappropriate drinking and
driving, based around a more uniform regime of BAC
limits,
is more than likely to outweigh the costs of
enforcement and economic adjustment.

(12) Most Member States have already adopted 0,5 mg/ml as

their maximum permissible BAC limit.

(13) An even lower BAC limit of 0,2 mg/ml is relevant for
those drivers and riders who have a much higher acci-
dent risk, either because of
their lack of experience
and/or the type of vehicles they drive, and also for
drivers of large goods and passenger carrying vehicles,
and also for drivers of vehicles carrying dangerous
goods.

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Official Journal of the European Communities

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(14) Member States need to be particularly aware of the
increased accident risk arising from the use of some
illegal and legal drugs with alcohol and the need to
reflect this in their national

legislation.

(b) ‘rider of a vehicle’ means only the driver of any motor-
ised two-wheel vehicle and shall not include any accom-
panying pillion passengers,

(15) Member States should appreciate the mutual benefit to
be derived from sharing BAC (and breath equivalent) test
information to increae the sample size for assessing the
efficacy of measures to reduce inappropriate drinking
and driving, and also from sharing research evidence
about driver impairment.

(16)

Inappropriate drinking and driving is also a significant
public health problem, to the extent that Article 152 of
the Treaty seeks to ensure that a high level of human
health protection shall be ensured in the definition and
implementation of all Community policies and activities.
Furthermore, Community action in the field of public
health shall be directed towards improving public health,
preventing human illness and disease and obviating
sources of danger to health.

(17) Article 152 provides for Community competence in
public health in so far as the Community contributes to
it by encouraging cooperation between Member States
and, if necessary, by lending support to their action, and
by taking any useful initiative, in close contact with the
Member States,
the
Member States' policies and programmes.

to promote the coordination of

(18)

In the Communication from the Commission on the
Health Strategy of the European Community and the
proposal for a decision of the European Parliament and
the Council adopting a programme for action in the
field of public health (2001 to 2006) (3), alcohol is one
of the areas mentioned in which particular measures and
actions could be undertaken such as the development of
measures to reduce or eliminate the risk of injury or
death.

(19) Within this framework the drink-driving problem is
certainly one of the most important issues to be consid-
ered from an alcohol policy perspective. It is, however,
one of the less controversial issues from a risk reduction
point of view although not necessarily so from a
political point of view,

HEREBY RECOMMENDS:

DEFINITIONS

(c) ‘inexperienced driver’ means:

(i) any learner driver who is learning to drive and who
does not hold a driving licence in accordance with
Council Directive 91/439/EEC (4). This shall include
provisional driving licence holders, accompanied
unlicensed learner drivers under
instruction —
conduite accompagnée, or drivers attending driving
school,

(ii) any novice driver who has held a driving licence in
accordance with Council Directive 91/439/EEC for
less than two years and may or may not be taking
part in a probationary driving scheme,

(d) ‘large vehicle’ means a heavy goods vehicle greater than
3,5 tonnes gross vehicle weight, and any passenger
carrying vehicle with more than eight passenger seats,

(e) ‘vehicle carrying dangerous goods’ means a vehicle
displaying the identification plate, and drivers carrying
the training certificate, referred to in Appendix B5 and
Appendix B6 respectively to Council Directive 94/55/
EC (5).

TACKLING THE ISSUE OF THE INAPPROPRIATE DRINKING OF
ALCOHOL BY DRIVERS AND RIDERS

2. All Member States should adopt a legal maximum blood
alcohol content (BAC) limit of 0,5 mg/ml, or lower, for
drivers and riders of all motorised vehicles.

3. All Member States should adopt a lower legal maximum
blood alcohol content (BAC) of 0,2 mg/ml, or lower, for
the following groups of road user:

(a) inexperienced drivers;

(b) riders of two-wheeled motor vehicles;

(c) drivers of large vehicles;

(d) drivers of vehicles carrying dangerous goods.

4. All Member States should adopt random breath testing to
deter drivers from drinking to the extent that every driver
has a realistic statistical probability of being tested to the
current best practice standard of at least once every three
years.

1. For the purposes of this Recommendation the following

definitions apply:

5. All Member States should work towards the acceptance of
the draft Measuring Instruments Directive to harmonise the
accuracy of alcohol breath testing devices.

(a) ‘driver of a vehicle’ means any driver of a motorised

vehicle with three or more wheels,

(3) OJ C 337, 28.11.2000, p. 122.

(4) OJ L 237, 24.8.1991, p. 1.
(5) European Agreement

carriage of
dangerous goods by road (ADR) and protocol of signature (Volume
II): ECE/TRANS/130 Vol II.

international

concerning

the

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FOLLOW-UP AT COMMUNITY LEVEL

6. All Member States should call upon the Commission to

work closely with them to:

(a) exchange information on best practice concerning, for
rehabilitation

strategies,
enforcement
example,
programmes, accident data collection;

(b) support research and development, especially into the
technological possibilities for stopping drink-drivers,
and drivers being treated for alcohol problems, from
driving;

(c) support European wide publicity campaigns which

encourage drivers not to drink and drive;

(d) supply and coordinate the use of all alcohol related road
accident data within the ambit of the CARE programme
for monitoring the effectiveness of policy, and to
provide a cross reference to the activities of the future
programme of community action in the field of public
health (6).

Done at Brussels, 17 January 2001.

For the Commission

Loyola DE PALACIO

Vice-President

(6) See footnote 3.

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The following table indicates some of the reported success in reducing fatalities, accidents, or conviction rates, in those
countries where BAC reductions have been introduced, usually with accompanying measures to reduce inappropriate
drinking and driving. It also reports on estimated reductions from reductions in BAC limits.

ANNEX

The results are summarised in the report of the working group on alcohol drugs and medicines for the high-level group:
October 1999:

Member
States

BAC
reduction
(mg/ml)

Accompanying changes

Fatality and accident reduction
(all fatalities and all accidents
%)

Reductions in traffic convictions
(%)

Austria

0,8 to 0,5

23 % increase in breath testing

Convictions for all motoring
offences fell by 25 %

0,8 to 0,1 for novice
drivers

effects of

the probationary
The
driver scheme introduced in 1992
will also have had an effect upon
accident involvement

involvement

for
Accident
novice drivers fell by 32 %,
compared to 9 % for other
drivers

Belgium

0,8 to 0,5

Netherlands

Proposed 0,5 to 0,2 for
novice drivers

for

An examination of the total number
of offences
impaired driving,
before and after the change in the
BAC limit, was unable to account
for the increase in the number of
offences between 0,5 and 0,8 which
occurred simply because of the BAC
reduction. The actual reduction in
convictions, which reflects changes
in driver behaviour would be greater
if this increase could be accounted
for.
an analysis of
offences by recorded alcohol levels,
just whether offences
and not
to assess whether BAC
occurred,
changes
driver
influenced
have
behaviour

requires

It

if

not

accompanied

Research concluded that the reduc-
tion,
by
increased enforcement, could lead to
increased
because
accidents
resources could be diverted from
apprehending more serious offen-
ders

Total motoring
fell by about 2,5 %

convictions

Increase in accidents unless
accompanied by increased
enforcement

NB: 10 % of road deaths are
alcohol related

Sweden

0,5 to 0,2

Estimated that up to 30 % of the
reduction could be due to reduc-
tions in the number of younger
drivers in the early 1990s, increased
enforcement and tougher penalties

Fatal accidents fell by 8 %

Motoring offences have fallen
by 7 % a year since the intro-
duction of the new limit

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Member
States

BAC
reduction
(mg/ml)

Accompanying changes

Fatality and accident reduction
(all fatalities and all accidents
%)

Reductions in traffic convictions
(%)

United
Kingdom

Proposed
from 0,8 to 0,5

reduction

Estimate based on cautious assump-
tions about driver behaviour. No
allowance is made for the effects of
increased enforcement

About 50 fatalities or 1,5 %
of all fatalities

NB: 15 % of road deaths are
alcohol related

Other countries

BAC
reduction
(mg/ml)

Australia

0,8 to 0,5

Accompanying changes

Fatality and accident reduction
(all fatalities and all accidents)
(%)

Reductions in traffic convictions
(%)

Various studies have reported on the
these BAC reductions in
effect of
Australian States, some of which
were accompanied by well publi-
cised increases in random breath
testing. Very significant reductions
in accidents and impaired driving
have been reported, some across the
entire BAC distribution

Queensland

Australian Capital Territory

Study showed an 8 % reduc-
tion in accidents involving
drivers with BAC between
0,8 and 1,5 which were
attributable to BAC reduc-
tion

90 % reduction in driving
with BAC between 0,5 and
0,8, and 41 % reduction in
driving with BAC over 1,5,
without increases in enforce-
ment activity

NB: In Victoria about 25 %
of road deaths are alcohol
related. This is similar to the
level

in Europe

Canada

0,8 since 1969

NB: Compared to Europe
Canada has a relatively high
% of alcohol related fatalities
(30 to 35 %)

A review in 1999 decided not to
lower the federal BAC limit to 0,5
but to concentrate their efforts on
increased enforcement. Previously
very few drivers caught between 0,8
It was felt
and 1,0 were charged.
that
of
increased
existing limits would be the most
effective strategy and run the least
risk of alienating public support

enforcement

Japan

0,5 since 1970

There have been no recent changes.
But Japan reports that lower BAC
combined with severe penalties has
significantly reduced alcohol related
road accidents. A recent review from
Japan concludes that
the research
evidence concerning alcohol impair-
ment is not reflected adequately in
drink drive regulations

Significant long term reduc-
tions.

NB: Compared to Europe
Japan has a relatively low %
of alcohol related fatalities
(5 %)

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Other countries

BAC
reduction
(mg/ml)

United States

1,0 to 0,8

Accompanying changes

Fatality and accident reduction
(all fatalities and all accidents)
(%)

Reductions in traffic convictions
(%)

Estimated at 2,2 %

NB: Compared to Europe
the USA has a relatively
high % of alcohol
related
fatalities. (35 to 40 %)

About 28 % of drivers killed
in road accidents had BAC
> 1,0 mg/ml

laws

licence

Evidence from the USA suggests
that a reduction in the legal BAC
limit from 1,0 to 0,8 mg/ml,
in
in combination with
some States,
revocation
administrative
(ALR)
the
(which
immediate withdrawal of a driving
licence by the police), significantly
reduces fatal drink drive accidents.
Furthermore the reduction applies
across the entire BAC distribution,
and not just at lower BAC levels.

allows

NHTSA report
if all States
that
adopted 0,8 mg/ml, and ALR laws,
that 925 lives could be saved.

No random breath testing and no
significant
roadside
testing.

increase

in