Dáil Éireann debate -
Tuesday, 14 Oct 2003

Vol. 572 No. 3

Written Answers. - Road Traffic Offences.

Emmet Stagg

Question:

131 Mr. Stagg asked the Minister for Transport his views on the operation to date of the penalty points system; the number of drivers who have received penalty points to date; if there have been disqualifications to date based on the number of points received; the timetable for the extension of the system to other road offences; and if he will make a statement on the matter. [23138/03]

John Deasy

Question:

134 Mr. Deasy asked the Minister for Transport the plans he has to review the implementation of the penalty points system; and if he will make a statement on the matter. [23037/03]

Paudge Connolly

Question:

159 Mr. Connolly asked the Minister for Transport if liaison has taken place with Northern Ireland authorities with a view towards the standardisation of penalty points legislation throughout the island; his plans that such liaison should take place; and if he will make a statement on the matter. [18348/03]

Seymour Crawford

Question:

161 Mr. Crawford asked the Minister for Transport the plans he has to address the delays in issuing penalty points; and if he will make a statement on the matter. [23040/03]

Minister for Transport (Mr. Brennan)

I propose to take Questions Nos. 131, 134, 159 and 161 together.

Penalty points are being applied to the driving licence records of those convicted of speeding, seat-belt wearing and insurance offences, and to those who pay a fixed charge to the Garda, in the case of speeding and seat-belt wearing offences, in order to prevent the instigation of court proceedings.

The full application of the penalty points system will be achieved when the relevant IT systems being developed by the Department of Justice, Equality and Law Reform and the Garda are completed. The question of reviewing the system will be considered against the background of its full operation.

Preliminary indications from the Garda Síochána in respect of the operation of the system to date show that, with no reduction in enforcement efforts, there has been a significant drop in the number of detections for speeding offences. There was also a significant reduction in road deaths over that period. In the 11 months since the introduction of the system the number of road deaths was 296, compared to 378 road deaths in the period from November 2001 to the end of September 2002.

The recording of convictions for offences is a matter for the Courts Service. In addition, the compilation of data relating to payments of fixed charges where the relevant notices are issued by the Garda Síochána is a matter for that force. Both of those organisations transfer the appropriate data to the Department of the Environment, Heritage and Local Government to facilitate its entry into the national driver file which is the responsibility of that Department. It is understood from the Department of the Environment, Heritage and Local Government that 61,134 penalty point notices have issued as at 3 October 2003. At the end of September, no driver had accumulated the 12-point threshold which leads to automatic disqualification.

There is no delay in the issuing of penalty point notifications from the national driver file. The arrangements relating to the submission of notifications to the national driver file following the making of payments of fixed charges is a matter for the Garda Síochána. Where a person has been convicted of an offence attracting penalty points such notifications are a matter for the Courts Service.

Penalty point systems are now operating in this country, Northern Ireland and Great Britain. The authorities in all three jurisdictions are actively considering the issue of the introduction of a scheme to provide for the mutual recognition of penalty points between the United Kingdom and Ireland. This consideration is being pursued under the auspices of the British-Irish Council. One of the first matters that will need to be addressed before full mutual recognition can be realised will be the introduction of bilateral recognition of the separate penalty points systems operating in Great Britain and Northern Ireland.

Olwyn Enright

Question:

132 Ms Enright 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. [23065/03]

Minister for Transport (Mr. Brennan)

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.

Question No. 133 answered with Question No. 74.

Question No. 134 answered with Question No. 131.