Recommendation 2001/115 - Maximum permitted blood alcohol content (BAC) for drivers of motorised vehicles (notified under document number C(2000) 4397) - Main contents

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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)

Official Journal L 043 , 14/02/2001 P. 0031 - 0036

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,

Whereas:

• (1) 

  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.

• (2) 

  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).

• (3) 

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

• (4) 

  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 proportionately much more likely to be involved in road accidents, 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.

• (5) 

  It is estimated that at least 10000 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.

• (6) 

  Research confirms that the relative risk of accident 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.

• (7) 

  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 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.

• (8) 

  A more uniform BAC limit will provide a clearer reference 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 jurisdiction where the offence was committed.

• (9) 

  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.

• (10) 

  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 measures incorporating national enforcement and publicity based around reduced BAC limits, and that greater reductions are possible from more extensive enforcement.

• (11) 

  It is likely that the social value of complementary 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...

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