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Road Traffic Offences

Dáil Éireann Debate, Thursday - 5 October 2023

Thursday, 5 October 2023

Questions (172)

Brian Leddin

Question:

172. Deputy Brian Leddin asked the Minister for Transport the steps his Department is taking to address the recommendations of the Oireachtas Joint Committee on Justice’s Report on an Examination of Enforcement of Road Traffic Offences. [34021/23]

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Written answers

As Minister for Transport, I am responsible for drafting road traffic legislation and setting penalties for traffic offences. Enforcement is the responsibility of An Garda Síochána, under the oversight of my colleague, the Minister for Justice. Therefore, I can address the report’s recommendations for legislation under my remit.

Firstly, I note the committee's recommendation that parking on a footpath or bus or cycle lane be included in the definition of dangerous parking in the Road Traffic Act 1961 and carry the same penalties. My Department considers such an amendment unnecessary. Section 55 of the 1961 Act, the legal basis for the current dangerous parking offence, does not exclude parking on a footpath, bus or cycle lane. Dangerous parking is defined as parking a vehicle in a public place in a way which causes danger to other people. An Garda Síochána already have the powers to apply this where appropriate.

Secondly, for enforcement, I can clarify the scope of Section 81 of the Road Traffic Act 2010, on the use of camera detection by An Garda Síochána. The committee's report acknowledges the powers under Section 81 for certain traffic offences and recommends that these powers be extended to include driving or parking in a bus or cycle lane. Again, no amendment is required. Section 81, although introduced for speed cameras, covers a broad range of offences. The offences specified include those under Section 35 of the Road Traffic Act 1994, the basis of the current Traffic and Parking Regulations, and cover, among other things, driving and parking in bus and cycle lanes.

Finally, I acknowledge the committee's recommendations that fixed charge penalties be reviewed and that driving or parking in a bus lane be made penalty point offences. My Department keeps fixed charge penalties and penalty points under constant review. As recently as last October, the previous Minister of State, Deputy Hildegarde Naughton, doubled the fixed charges for 16 critical traffic offences, including speeding, mobile phone use and failure to wear a seatbelt. I intend to bring proposals to Government in the coming weeks to strengthen the penalty point regime and provide for greater flexibility in their amendment and application.

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