Cecilia Keaveney
Question:364 Cecilia Keaveney asked the Minister for Transport the position on the legal statistics of the current breathalyser test; and if he will make a statement on the matter. [29647/03]
Written Answers. - Road Traffic Offences.
Section 2 of the Road Traffic Act 2003 provides the basis for the operation of roadside preliminary breath testing of drivers by the Garda Síochána for the purpose of establishing whether they have consumed alcohol. The section provides for the replacement of section 12 of the Road Traffic Act 1994, as substituted by section 10 of the Road Traffic Act 2002. It was considered that the wording introduced by section 10 of the 2002 Act was not sufficiently clear and could have prevented the fullest possible application of the system.
The new provisions, which came into effect on 1 December 2003, extend the basis for the taking of breath specimens to include incidents where the member considers that a driver of the vehicle has been involved in a collision or has committed a traffic offence. This is in addition to the position through which the member must form the opinion that a driver has consumed alcohol.
The Road Traffic Act 1994 provided for the introduction of evidential breath testing, EBT, by the Garda Síochána. EBT was introduced in 1999 and has been rolled out to 61 Garda stations as part of the Government Strategy for Road Safety 1998-2002. It provides that drivers may be required to undergo a breath test in a Garda station, instead of a blood or urine test, following arrest for drunk driving.
A number of High Court challenges to the operation of that system have already been successfully defended. Approximately 75 High Court legal challenges to the EBT system are pending. However, the Garda are continuing to use the system in the enforcement of drink driving legislation.