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Proposed Legislation.

Dáil Éireann Debate, Tuesday - 5 February 2008

Tuesday, 5 February 2008

Questions (34, 35, 36, 37)

Catherine Byrne

Question:

121 Deputy Catherine Byrne asked the Minister for Transport his views on the calls from the Road Safety Authority to his Department to immediately introduce legislation to give powers to the gardaí to arrest disqualified drivers that the gardaí discover during checkpoints; and if he will make a statement on the matter. [3432/08]

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Shane McEntee

Question:

122 Deputy Shane McEntee asked the Minister for Transport his views on the calls from the Road Safety Authority to his Department to immediately introduce legislation to give powers to make the possession of a fake driving licence an offence; and if he will make a statement on the matter. [3483/08]

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Shane McEntee

Question:

130 Deputy Shane McEntee asked the Minister for Transport when his attention was drawn to legal loopholes where gardaí can not arrest disqualified drivers and can not seize their licences; and if he will make a statement on the matter. [3484/08]

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Pádraic McCormack

Question:

141 Deputy Pádraic McCormack asked the Minister for Transport his views on the calls from the Road Safety Authority to his Department to immediately introduce legislation to give powers to the gardaí to seize disqualified drivers' licences; and if he will make a statement on the matter. [3482/08]

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Written answers

I propose to take Questions Nos 121, 122, 130 and 141 together.

The Road Traffic Acts currently provide for the offence of driving while using a false driving licence. The offence comes under section 38 of the Road Traffic Act 1961 and relates to driving without a licence.

Drivers detected by the gardaí in such circumstances can be summonsed to appear before the courts and on conviction face a fine not exceeding €1,000 for a first offence, rising to a fine not exceeding €2,000 and/or imprisonment for a term not exceeding three months in the case of a third or subsequent offence.

The issue of seizing driving licences, false or otherwise, has been brought to my attention by the Road Safety Authority, as has the issue of giving powers to the gardaí to arrest disqualified drivers who are found to be still driving. The issue has also been highlighted in the media in recent days.

These matters are currently being considered by my officials in the context of the preparation of a Road Traffic Bill, which I would hope to bring to Government later this year.

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