Road Traffic Offences

Tuesday, 16 April 2019

Ceisteanna (480)

Mattie McGrath

Ceist:

480. Deputy Mattie McGrath asked the Minister for Transport, Tourism and Sport the additional road traffic offences introduced from 1 January 2011 to date from when they first came into force; the details of new restrictions on blood alcohol limits, new offences which can result in the imposition of penalty points or other penalties and increases to penalties for existing offences in tabular form; and if he will make a statement on the matter. [17325/19]

Amharc ar fhreagra

Freagraí scríofa

Minister for Transport, Tourism and Sport

I would like to offer a few opening remarks by way of adding clarity to some of the matters referred to in the Question and in the tables which follow. In particular, I would like to explain briefly the development of legislation on intoxicated driving in the period to which the Deputy refers.

The Road Traffic Act 2010 consolidated and updated legislation across the range of intoxicated driving offences. Its core provisions, including offences relating to driving or being in charge of a mechanically propelled vehicle while being under the influence of an intoxicant to such an extent as to be incapable of controlling the vehicle, were commenced in 2011. Also commenced at that time were new provisions for lower legal alcohol limits. These reduced the permissible alcohol limit from 80mg per 100ml of blood to 50mg. In addition, a 'specified driver' - including learner and novice drivers, truck and bus drivers, and drivers of small public service vehicles - is held to a 20mg limit.

Section 29 of the 2010 Act allowed people detected in the 50-80mg and 80-100mg alcohol brackets to receive a fixed charge notice rather than going to court in certain limited circumstances. People in the lower of these brackets receive a fixed charge of €200 and in the higher of the two a fixed charge of €400. Those in the 80-100mg group also receive a 6 month driving disqualification. Those in the 50-80mg group originally received 3 penalty points, but the Oireachtas wisely agreed that this was unduly lenient and an inadequate deterrent, and replaced it in 2018 with a 3 month disqualification.

The 2010 Act was amended in 2014 to provide for new procedures for taking specimens from drivers in hospital if they were incapacitated following a collision. Where a person is conscious and refuses to provide a specimen for testing for intoxicants they commit an offence; under the 2014 provisions the person commits an analogous offence if they refuse permission for a certificate of the test result to be issued. In 2014 provisions to allow Gardaí to conduct impairment tests - walking a straight line and so on - and refusal to comply with a requirement to undergo these tests became an offence.

In 2016 the law was amplified to add new permitted limits for three drugs - cocaine, cannabis, and heroin. At the same time new tests for drugs were introduced, with new offences for failure to comply with a requirement to undergo these tests.

In 2018 the law was amended to create a new offence for the owner of a vehicle who allows a unaccompanied learner or an unlicensed driver to drive their vehicle. The penalty is a Class D fine.

In the tables which follow, the General Penalty is the penalty prescribed by section 102 of the Road Traffic Act 102, and which applies to all road traffic offences on conviction in court, except where a different penalty for that offence is specifically provided for in the law. The General Penalty is a fine of up to €1,000 for a first offence, up to €2,000 for a second or subsequent offence, and up to €2,000 and/or up to 6 months in prison for a third or subsequent offence within a 12-month period.

Table 1 - Intoxicated Driving Offences (commenced 2011 unless otherwise stated)

Offence	Penalty

Driving a mechanically propelled while under the influence of an intoxicant to such an extent as to be incapable of controlling the vehicle; exceeding alcohol limit	Fine of up to €5,000 and/or up to 6 months in prison
Being in charge of a mechanically propelled while under the influence of an intoxicant to such an extent as to be incapable of controlling the vehicle; exceeding alcohol limit	Fine of up to €5,000 and/or up to 6 months in prison
Being under the influence of an intoxicant to such an extent as to be incapable of controlling an animal-drawn vehicle	fine up to €3,000 for a first offence and/or up to 1 month in prison fine up to €5,000 and/or up to 3 months in prison for a second or subsequent offence
Being under the influence of an intoxicant to such an extent as to be incapable of controlling a pedal cycle	fine of up to €2,000
Refusal or failure to comply with a preliminary breath test	Class A fine (previously maximum €1,000) and/or up to 6 months in prison
Failure to comply with a requirement to undergo impairment testing	Class A fine and/or up to 6 months in prison (commenced 2014)
Refusal or failure to provide specimen of blood, breath or urine after arrest	Fine of up to €5,000 and/or up to 6 months in prison
Refusal to sign and return statement of evidential breath test result	Fine of up to €5,000 and/or up to 3 months in prison
Refusal or failure to provide oral fluid specimen following arrest	Class A fine and/or up to 6 months in prison (amendment commenced 2017)
Refusal or failure to provide blood specimen when suspected of certain offences involving drugs	Class A fine and/or up to 6 months in prison (amendment commenced 2017)
Refusal or failure to provide blood or urine specimen while in hospital	Class A fine and/or up to 6 months in prison (amendment commenced 2014)
Refusal or failure to agree to issue of completed certificate of test on specimen taken while driver was incapacitated	Class A fine and/or up to 6 months in prison (amendment commenced 2014)
Failure to produce driving licence to Gardaí after commission of a road traffic offence	General Penalty
Failure to provide address when required by member of Garda	General Penalty
Exceeding limit of cannabis, cocaine or heroin	Fine of up to €5,000 and/or up to 6 months in prison (amendment 2016)
Singing a medical exemption certificate (for prescribed cannabis) which the person knows to contain false information	Class C fine

In addition, there have been various changes in regard to penalty points since the start of 2011. The attached table sets out the information requested by the Deputy.

Road Traffic Offence	New/Amended Penalties	Date Commenced	Penalty Points/on Conviction
Using a vehicle (a) whole weight unladen exceeds maximum permitted weight (b) whose weight laden exceeds maximum permitted weight, or (c) any part of which transmits to ground greater weight than maximum permitted weight	New	3/8/2012	1/3
Driver of car or goods vehicle not wearing safety belt	Amended	3/08/2012	3/5 (from 2/4)
Driver permitting person under specified age to occupy a seat when not wearing a safety belt	Amended	3/08/2012	3/5 (from 2/4)
Driver of car or goods vehicle permitting child under 3 years of age to travel in it without being restrained by appropriate child restraint	Amended	3/08/2012	3/5 (from 2/4)
Driver of car or goods vehicle permitting child over 3 years of age to travel in it without being restrained by appropriate child restraint	Amended	3/08/2012	3/5 (from 2/4)
Driver of car or good vehicle permitting child to be restrained by rearward facing child restraint fitted to a seat protected by active frontal airbag	Amended	3/08/2012	3/5 (from 2/4)
Driver of bus not wearing a safety belt	Amended	3/08/2012	3/5 (from 2/4)
Careless Driving	Amended	20/3/2014	3/5 (from direct summons/5)
Holder of learner permit when not accompanied by and under supervision of qualified person where so required	Amended	20/3/2014	1/3 (from 2/4)
Using vehicle without Certificate of Roadworthiness	New	17/11/2014	Summons/5
Using vehicle not equipped with a speed limitation device or using a vehicle equipped with a speed limitation device not complying with requirements specified in Reg 4, 5 or 6	Amended	8/12/2014	3/5 (from 2/4)
Using vehicle without test certificate	Amended	8/12/2014	3/5 (from 1/3)
Exceeding a speed limit	Amended	8/12/2014	3/5 (from 1/3)
Failure to stop at school warden sign	Amended	8/12/2014	2/5 (from 2/4)
Driving a vehicle while holding a mobile phone	Amended	8/12/2014	3/5 (from 2/4)
Parking in a dangerous position	Amended	8/12/2014	3/5 (from 2/4)
Failure to display N-plate or tabard	New	8/12/2014	2/4
Contravention of ban on U-turns	New	8/12/2014	2/4
Learner permit holder driving unaccompanied by qualified person	New	8/12/2014	2/4
Contravention of rules for use of mini-roundabouts	New	8/12/2014	1/3
Proceeding beyond no entry to vehicles sign	New	8/12/2014	1/3
Proceeding beyond maximum vehicle length sign where length exceeds maximum displayed	New	8/12/2014	1/3
Proceeding beyond maximum vehicle width sign where width exceeds maximum displayed	New	8/12/2014	1/3
Proceeding beyond maximum design gross vehicle weight (safety) sign where design gross vehicle weight exceeds maximum displayed	New	8/12/2014	1/3
Proceeding beyond maximum vehicle axle loading weight sign where vehicle axle loading weight exceeds maximum specified	New	8/12/2014	1/3
Proceeding beyond a traffic lane control sign other than in accordance with such sign without yielding	New	8/12/2014	1/3
Using vehicle in a public place without an authorisation plate	New	8/12/2014	3/5
Using vehicle in a public place that has been modified or altered such that authorisation plate is inaccurate	New	8/12/2014	3/5
Contravention of general speed restriction for vehicles	Amended	8/12/2014	3/5 (from 2/4)
Dangerous overtaking	Amended	8/12/2014	3/5 (from 2/4)
Failure to stop vehicle before stop sign or stop line	Amended	8/12/2014	3/5 (from 2/4)
Failure of vehicle to yield right of way at yield sign or yield line	Amended	8/12/2014	3/5 (from 2/4)
Crossing of white line by vehicle (continuous white line)	Amended	8/12/2014	3/5 (from 2/4)
Failure by vehicle to obey traffic lights or to halt at traffic sign adjacent to such lights	Amended	8/12/2014	3/5 (from 2/4)
Failure to drive on left	Amended	8/12/2014	2/4 (from 1/3)
Contravention of prohibition of driving vehicle along or across median strip	Amended	8/12/2014	2/4 (from 1/3)
Failure of vehicle to comply with mandatory traffic signs	Amended	8/12/2014	2/4 (from 1/3)
Using a vehicle which exceeds the maximum permissible width	New	17/04/2016	1/3
Using a vehicle which exceeds the maximum permissible length	New	17/04/2016	1/3
Using a vehicle with defective or worn tyres	New	17/04/2016	2/4
Driver with blood alcohol above 50 milligrammes but not exceeding 80 milligrammes per 100 millilitres of blood	Amended	22/12/2018	3 month disqualification (from 3/5)