I move amendment No. 1:
In page 3, line 16, to delete "with" and substitute "while in charge of".
The new section 12(1) of the 1994 Act as inserted by section 2 of the Bill refers to:
"a person in charge of a mechanically propelled vehicle in a public place who, in the opinion of a member of the Garda Síochána–
(a) has either consumed intoxicating liquor,
(b) is or has, with a vehicle, been involved in a collision.
Could a person be breath tested for simply sitting in the passenger seat and not being the driver of the vehicle? What would happen if a driver were not behind the wheel? Does a garda need to be of the opinion that the person was driving the vehicle in the first place? From the way the legislation is worded it seems that a garda has to witness the person behind the steering wheel to enforce the provisions of the new section 12(1)(b). If the definition is extended as I propose in the amendment, it addresses cases where a driver is standing outside the vehicle and not behind the steering wheel.