Róisín Shortall
Ceist:426 Ms Shortall asked the Minister for Transport if he is proposing to include road traffic offences committed by cyclists in the new system of fixed charges; and if so, when he intends to do this. [8374/04]
Amharc ar fhreagraTuesday, 23 March 2004
Ceisteanna (427, 428)
Freagraí scríofa
A new system of fixed charges is due to be introduced for road traffic offences to replace the present on-the-spot-fines system and it is proposed to include road traffic offences committed by cyclists when the new statutory provisions are being prepared. The on-the-spot fines system does not apply at present under road traffic law in respect of cyclists who break the road traffic code as an alternative to being prosecuted in court.
The main features of the new system include providing that any person who is being accused of the commission of a fixed charge offence will be afforded the opportunity to pay the charge and the introduction of a two-tiered charge through which the level of charge will increase by 50% if payment is not made within 28 days of the issue of the fixed charge notice — the increased amount must be paid within a further period of 28 days so as to avoid court proceedings. If the offender elects to go to court and is convicted of an offence he or she is liable to a fine not exceeding €800 for a first offence, a fine not exceeding €1,500 for a second or subsequent offence and if a third or subsequent such offence is committed within 12 months, the person is liable to a fine not exceeding €1,500 or, at the discretion of the court, to imprisonment for a term not exceeding three months or both. The determination of the actual fine to be imposed in each particular case is a matter for the courts.
The roll-out of the fixed charge system to the majority of traffic and parking offences including offences committed by cyclists is being progressed at present in conjunction with the Department of Justice, Equality and Law Reform and the Garda authorities.
Róisín Shortall
Ceist:427 Ms Shortall asked the Minister for Transport when he intends to include the use of hand-held mobile telephones in the list of offences in the penalty points system; and if he will make a statement on the matter. [8375/04]
Amharc ar fhreagra
I have been advised by the Attorney General that the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) No. 2 Regulations 2002 are open to challenge in the courts on the grounds that they may be ultra vires. The uncertainty is compounded by the scope and speed of developments in in-car technologies. I propose to remove the uncertainty by providing, in the next road traffic Bill, a legislative framework to address the overall regulatory questions arising from the development of in-car technologies. Preparation of this legislation is at an advanced stage in my Department. I envisage that implementation of this legislation will involve the making of revised regulations to deal with mobile telephone use by drivers of motor vehicles and the application of penalty points for breaches of the regulations.