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Dáil Éireann díospóireacht -
Wednesday, 9 Oct 2002

Vol. 554 No. 5

Written Answers. - Proposed Legislation.

Denis Naughten

Ceist:

1302 Mr. Naughten asked the Minister for Transport his plans to introduce revised regulations covering the use of mobile phones in cars; when these will be introduced; and if he will make a statement on the matter. [16802/02]

I have been advised recently by the Attorney General that the current regulations prohibiting the use of mobile phones by drivers, and which are based on the Road Traffic Act, 1961, are open to challenge in the courts on the grounds that they may be ultra vires. The uncertainty is being compounded by the scope and speed of developments of in-car technologies.

My Department is urgently examining the implications of this legal advice and the possible content of primary legislation to address the use of mobile phones by drivers.

In the meantime I must stress the personal responsibility of drivers to use their mobile phones in the safest possible manner. Where possible, this includes stopping and parking safely to use the mobile phone.
Notwithstanding the situation that I have outlined, any use of a mobile phone that results in a person driving in a manner which could be regarded as careless or dangerous may be prosecuted under the Road Traffic Acts.
I intend to ensure that the necessary legislation is enacted without delay so as to implement the ban on mobile phone use in vehicles.
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