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Road Traffic Regulations.

Dáil Éireann Debate, Tuesday - 3 April 2007

Tuesday, 3 April 2007

Questions (432)

John Gormley

Question:

462 Mr. Gormley asked the Minister for Transport the legal position for motorists who are forced to drive outside the marked traffic lane due to parked cars or the narrowness of the roadway; if such motorists are committing an offence; the persons who can be held liable in the event of an accident; and if he will make a statement on the matter. [12315/07]

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Written answers

The Road Traffic (Traffic and Parking) Regulations 1997 provide that a driver shall not overtake, or attempt to overtake, unless the roadway ahead of the driver is free from approaching traffic, pedestrians and any obstruction, and is sufficiently long and wide to permit the overtaking to be completed without danger or inconvenience to other traffic or pedestrians. Such overtaking includes moving from a marked traffic lane to overtake parked vehicles. The Regulations also provide that a driver shall not overtake, or attempt to overtake, on a stretch of roadway on which traffic sign number RRM 001 [continuous white line] has been provided on a roadway and that the parking of vehicles is prohibited on a section of roadway with less than 3 traffic lanes where traffic sign number RRM 001 has been provided.

Since 3 April 2006 a conviction in Court for overtaking offences results in 5 penalty points being endorsed on the driving licence record of the offender. Decisions relating to liability in road traffic collisions and the apportionment of guilt are a matter for the Courts.

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