Tuesday, 26 February 2013

Questions (750)

Thomas P. Broughan


750. Deputy Thomas P. Broughan asked the Minister for Transport, Tourism and Sport if he will consider proposals in conjunction with the Department of Justice and Equality to ensure a watchdog type role for the Road Safety Authority to ensure that all drivers who are involved in a serious or fatal collision are tested for alcohol; and if he will make a statement on the matter. [9859/13]

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Written answers (Question to Transport)

Current legislation is clear in relation to the testing of drivers for the presence of alcohol. No legislative provision has been made for Garda discretion. The Road Traffic Acts provide for the mandatory preliminary breath testing of drivers by the Gardaí in certain circumstances, including collisions where death or injury has occurred. The Acts also provide for the testing of drivers in hospital in circumstances where it is not possible to carry out a roadside test.  Enforcement of the legislation is primarily a matter for the Garda Síochána under the direction of the Garda Commissioner.