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Dáil Éireann debate -
Wednesday, 21 May 2003

Vol. 567 No. 2

Written Answers. - Road Safety.

Michael Noonan

Question:

138 Mr. Noonan asked the Minister for Transport the plans he has to ban the use of mobile phones while driving; and if he will make a statement on the matter. [13702/03]

I have been advised by the Attorney General that the present regulations prohibiting the use of mobile phones by drivers, and which are based on the 1961 Road Traffic Act, 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 in 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.

In the meantime I must stress the personal responsibility of drivers to use their mobile phones in the safest possible manner. Where possible, this includes stopping and parking safely to use the mobile phone.

Notwithstanding the situation that I have outlined, any use of a mobile phone that results in a person driving in a manner which could be regarded as careless or dangerous may be prosecuted under the Road Traffic Acts.

I intend to ensure that the necessary legislation is enacted without delay so as to implement the ban on mobile phone use in vehicles.

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