I have been advised recently by the Attorney General that the current regulations prohibiting the use of mobile phones by drivers, and which are based on the Road Traffic Act, 1961, are open to challenge in the courts on the grounds that they may be ultra vires. The uncertainty is being compounded by the scope and speed of developments of in-car technologies.
My Department is urgently examining the implications of this legal advice and the possible content of primary legislation to address the use of mobile phones by drivers.