Response to interpellation 2024/25:715 on the Transport Agency and the PEth tests
Translated from Swedish by AI; the translation may contain errors. The Swedish text is the original.
Summary AI, written in advance
KD sees it as positive that Transportstyrelsen takes the public's concern seriously and conducts a regulatory review to increase clarity, which is expected to lead to fewer driver's license revocations 1 2 3 4. KD emphasizes the importance of correct information to safeguard trust in authorities 3 4 and argues that it is possible to have one's case reviewed again and apply to have the driver's license returned 4. KD states that Transportstyrelsen does not proceed with cases based solely on elevated PEth values 2 3 4. SD argues that Transportstyrelsen acts as police and that one cannot rely on individual PEth tests without requiring a medical assessment 5. SD claims that the authority's actions have scared people away from seeking care 6.
Written by AI in advance and may contain errors. The numbers lead to the speech a statement builds on; check against the text below.
Statsrådet Andreas Carlson (KD)
Madam Speaker! Thomas Morell has asked me how I view the Transport Agency's handling of the PEth tests and whether I intend to act on the matter or if I still have confidence in the agency's director-general.
As Thomas Morell points out, the reporting obligation for doctors is an important part of the work on road safety to identify persons whom the doctor, for medical reasons, assesses as unfit to hold a driving license.
The Driving Licence Act (1998:488) is not the only important milestone in this context. It is in the Transport Agency's regulations and general advice on medical requirements for holding a driving licence etc. (TSFS 2010:125) that the requirements resulting from the EU's driving licence directive have been implemented.
I see it as positive that the authority has taken the information and the public's concern seriously. The Transport Agency has decided to review the application while awaiting the new rules on alcohol and drugs in the authority's regulations on medical requirements for holding a driving license coming into force. The authority's assessment is that the proposed regulations will result in increased clarity and changes in current practice, and that fewer people will have their driving licenses revoked.
I also want to remind the members that the number of driver's license revocations during 2024 where the reason was elevated PEth levels at two measurement occasions without supplementary information was approximately 40.
I welcome the steps and measures that the Transport Agency is now taking, and I continue to have confidence in the Director General of the Transport Agency.
Thomas Morell (SD)
Madam Speaker! I thank the Minister for the answer.
This issue of driving intoxicated on the roads is a serious problem, and obviously, we shall do everything to catch those who are drunk behind the wheel.
I know that many will be watching this debate today precisely because the PEth tests have become a major problem in society and involve a large number of people. I would therefore like to take the opportunity to apologize to those who have emailed me but have not received a reply. It has simply not been possible to answer all the emails.
The important thing is to move away from Transportstyrelsen's mock police. There are officials at Transportstyrelsen acting as police. They consider that people should be deprived of their driver's licenses even though they have not committed any crime. They think they have a substance abuse problem, based on two PEth tests, in some cases only one. Transportstyrelsen says it concerns 40 cases during 2024. But that is not correct, because this morning a journalist I was in contact with said it is significantly more.
What we need are real police officers who can act out on the roads and remove those who drive while intoxicated. We need real police officers who can read the legislation and understand what actually stands there and who do not play with the legislation as is done at Transportstyrelsen.
To believe that the Transport Agency's actions lead to us getting rid of drunk drivers is an academic farce of the highest order. Let us just take the fatal accident in Gävle a few months ago where two young men died. The driver lacked a driver's license and was also suspected of aggravated drunk driving. In that case, it made no difference at all that the driver's license was revoked, because he drove while drunk anyway. This is the problem: One believes that one is tackling a serious concern out in traffic by acting based on desk checks.
In its response, the Minister refers to TSFS 2010:125, which is quite amusing because it states quite clearly therein: "A person is considered to be dependent on a substance as stated in Section 1, first paragraph, 1 or 2 if the diagnosis of dependence has been made based on accepted medical practice or if, based on available information, it can be judged that the criteria for such a diagnosis are met."
A doctor shall make an assessment of whether one has an alcohol problem or not. One can use PEth tests when making a diagnosis, but the doctor must always engage in a dialogue with their patient and conduct further investigations to see whether the patient has an alcohol addiction that is harmful or not. One can, therefore, not rely on individual PEth tests.
It is clearly stated that accepted medical practice is required in order to be able to assess whether a person has an alcohol problem or not. Transportstyrelsen has completely disregarded this, which is extremely serious.
Statsrådet Andreas Carlson (KD)
Madam Speaker! Regarding checks on the road to prevent, detect, and deter driving under the influence, we are in complete agreement. But that is not quite what this debate is about; rather, it is about the member's questions regarding the handling of the PEth tests. I have answered Thomas Morell's questions, but I want to add to that that it is, of course, important for the sake of legal certainty to use established measurement methods and established limit values.
Therefore, it is positive that the Transport Agency is now conducting a regulatory review. The new rules will clarify when a driver is medically unfit for a driving license, and the agency's assessment is that the rule change will result in fewer driving license revocations within this area.
The government is, of course, following this work closely.
When new regulations are in place, it is possible to apply for a driving license and be assessed according to these new regulations. The possibility to apply for a driving license already exists today. I will not comment on individual cases, but I have noted that a person in a high-profile case has recently had their driving license returned.
Regarding the cases in question, the Transport Agency's compilation shows that there have been 40 cases where only two PEth tests were decisive. While waiting for the new guidelines and regulations to be put in place, the Transport Agency has appointed a specific expert group to look at the application of the regulatory framework in that part. The group will review how the operations shall handle that type of case going forward. Pending the group's work, the Transport Agency will not proceed with cases involving only samples with elevated PEth values.
Thomas Morell (SD)
Madam Speaker! Thank you for the answer, Minister!
The entire discussion and the problems that have existed surrounding Transportstyrelsen's actions have had even further consequences in society. It has meant that people do not seek care even though they need to, because they are afraid that it will have consequences for their driver's license. It means that people hesitate to seek care for something that might be a serious illness. If people opt out of care because they are afraid of being subjected to tests taken in secret, we have an even greater problem.
Then there is another concern, namely that blood centers report that people do not want to come and donate blood anymore because they are worried that it will mean they will lose their driver's license. Now the blood centers are going out on a broad front and explaining that they do not perform any PEth tests in connection with donating blood. There are other tests that are much more important for them.
It doesn't matter, however. The entire handling and the Swedish Transport Administration's actions have also had consequences for healthcare. People are not seeking care even though they need it, and they are not going and leaving blood. This has consequences for the possibility of caring for other people who have serious illnesses. Therefore, it is important that the government now puts its foot down towards the officials and the Director-General of the Swedish Transport Administration. This is not acceptable. It has serious consequences.
I amused myself by looking at the Socialstyrelsen's way of assessing the value of the PEth samples. If the strength of evidence is marked with two pluses, it means, according to the summary of strength of evidence, that it is limited. This has, therefore, been used to revoke driver's licenses for people, and they claim that they have a very good value to be able to do so.
This has led to the police receiving a report against Transportstyrelsen, and on May 7 it was decided to initiate a preliminary investigation, which showed that there was reason to believe that crimes falling under public prosecution had been committed. It is noteworthy that the police have initiated a preliminary investigation because Transportstyrelsen has not fulfilled its commitment.
There is a researcher in Falun who has listened to a previous interpellation debate. I will not read out all her comments on it, but she has a proposal, namely that a proper investigation should be appointed so that facts are gathered on the consequences that the change in practice has had for individuals, for society, for trust in healthcare, and for the waste of society's resources, through for example unnecessary court proceedings. The authorities have not managed to do this, and therefore an external review is needed – that is the proposal from the researcher in Falun. I cannot read out the justification – otherwise we will have to stand here for another half hour – but it is interesting to see that this is being followed at the research level.
Statsrådet Andreas Carlson (KD)
Madam Speaker! It is not only being followed at the research level, but the government is, of course, following this closely.
As I said in my opening remarks, I view it positively that the authority has taken the information and the public's concern seriously, that the Transport Agency has decided to review the application, and that one has also, while awaiting new rules on alcohol and drugs in the authority's regulations on medical requirements, appointed an expert group, as I said in my previous answer.
I believe it is important, Madam Speaker, to remind once again that the number of driving license revocations during 2024 where the sole reason was elevated PEth values at two measurement occasions was approximately 40. There have been reports in the media that it should involve thousands of cases, but I want to be clear that the figure that Transportstyrelsen has provided is significantly lower than that.
I can state that unconfirmed information has been spread in the debate, partly regarding the amount of alcohol required to have a driving license revoked, and partly regarding the tests that are used. We have a responsibility to be correct and clear. Otherwise, we as the public and as politicians risk undermining trust in rules and authorities. It is therefore why I, as Minister for Infrastructure and Housing, Madam Speaker, want to emphasize that we all have a responsibility to ensure that correct information appears in an important debate.
Transportstyrelsen has pointed out that parts of the reporting have been misleading. It is important that the public is not misled, so that we do not get the situation that Thomas Morell points out, where people refrain from seeking care. No one should be afraid to go to healthcare, and therefore I want to repeat my message: New regulations are now being developed, and the assessment is that it will lead to fewer driver's license revocations.
In the cases where only PEth tests constitute the basis, each individual case shall be assessed by a special expert group. As I also said, Madam Speaker, the Transport Agency, pending the group's work, will not proceed with cases where there are only samples with elevated PEth values.
It is also important to say that one can always apply for a driving license permit and have their case reviewed again. Even though I cannot comment on individual cases, Madam Speaker, I have, as I mentioned, noted that a person in one of the highlighted cases has had their driving license returned.
Thomas Morell (SD)
Madam Speaker! Thank you for the answer, Minister!
It is extremely important that everything is correct. I have gathered amounts of information, including research results, which show that PEth samples are very good if one is to determine whether someone has consumed alcohol or not. But it varies depending on body size and whether one is a man or a woman. For my part, I am quite large, so I can drink quite a lot of alcohol before it shows in blood alcohol content or in a PEth sample. For a person with half my body size or for a woman, less alcohol is required, which is stated in the report.
It is important to emphasize that the exact PEth levels vary between individuals depending on a number of factors beyond gender and consumption patterns, including individual metabolism and physiology. Therefore, one cannot use a general value when assessing whether someone has a risk of abuse or not.
Above all, a medical assessment by doctors must take place to see whether a person has an addiction or not. In that regard, Socialstyrelsen, which we have had visiting the committee, is crystal clear: It is not possible to just rely on a lab test. Therefore, it is important that we back down now. If it is 40 cases or more, it is quite uninteresting, because those 40 individuals have been wrongly treated. In that case, the authority must back down and do the right thing. It is extremely important.
We saw on TV4 today that trust in both politicians and authorities is decreasing. This is something to reflect on. We as politicians must be responsive to what people out there have for opinions and what they are experiencing.
Statsrådet Andreas Carlson (KD)
Madam Speaker! I agree that trust in our authorities is central and important to safeguard, and therefore it is, as we have touched upon in this debate, important that the correct information is present. The Transport Agency has pointed out that there has been misleading information.
It is good to be able to clarify this today, and it is good that Transportstyrelsen is now reviewing the regulatory framework. In cases where it only concerns two PEth tests, I have on several occasions in the debate pointed out that Transportstyrelsen, while awaiting the specific expert group's work, has decided not to proceed with cases where there are only elevated PEth values. This is a direct answer to Thomas Morell's question. This measure is therefore already taken in Transportstyrelsen's work.
It is positive, as I have also said, that the authority has taken the information and the public's concern seriously. This must, of course, be handled in the right way so that one can trust the authority's work and also dare to seek care if one is in need of it. One should not be worried about losing one's driver's license.
I therefore also hope that this debate will clarify how the situation stands, how many cases there have been talk of, what measures the Transport Agency has already taken, and what consequences this has had for the cases where only PEth tests have previously been the basis for the revocation of the driving license.
I also want to emphasize again, Madam Speaker, that it is possible to have one's case reviewed again and to apply to have one's driver's license returned. Without going into individual cases, I can say that this has been the case in one of the cases that have been highlighted. One person has, therefore, had their driver's license returned.
Thank you very much for the debate! I look forward to continued conversation.
Source: The Swedish Parliament. The speeches come from the open data of the Riksdag, translated into English by AI, which may contain errors.