Higher penalty points for mobile phone use as Oireachtas enacts new Road Traffic laws – Varadkar

· Roadside impairment tests
· Novice driver licenses
· Higher penalty points for speeding & seatbelts
· Testing of unconscious drivers
· Tougher hit & run penalties
· Measures against car clocking

Penalty points for using a mobile phone will shortly rise from two to three after the Oireachtas enacted the latest Road Traffic Bill in the Seanad today (Tuesday), Minister for Transport, Tourism & Sport Leo Varadkar has said.

The Road Traffic No.2 Act 2013 improves safety levels on Irish roads by enacting roadside impairment tests for drug driving; higher penalty points for speeding, mobile phone use and not wearing seatbelts; and allows unconscious drivers to be tested.

“This Act focuses predominantly on the human factors in road safety by strengthening and extending the law in key areas. This includes a new category of Novice driving licenses, higher penalty points in key areas, and the testing of unconscious drivers for intoxication,” Minister Varadkar said.

“The law on hit-and-run incidents has been tightened, and we have brought in a new offence of tampering with an odometer, commonly known as ‘clocking’ a vehicle. Gardaí will be able to conduct roadside impairment tests for drug driving on motorists.

“Once again I want to appeal to motorists to drive safely at all times. Road deaths rose last year, and although ten fewer people have died so far this year, we can never let up on road safety. Every road user has a responsibility to behave safely, whether you are a driver, motorcyclist, cyclist or pedestrian. I am asking everyone to take care, and to slow down.”

The Bill was drafted following consultation with the Oireachtas Transport Committee, in particular the changes to the penalty points system. Several Deputies helped to improve the Bill, including Timmy Dooley TD for his work on hit & run incidents; Helen McEntee TD for suggesting a limit of seven penalty points rather than six for learner and novice drivers, so as not to be too punitive on new drivers; Anthony Lawlor TD for his amendment on odometers; and Pat Deering TD for his work on road trains.

Details of the Bill

· Roadside impairment testing, where Gardaí can carry out cognitive tests to establish if a driver is under the influence of an intoxicant. The result of the test can be used if a prosecution proceeds.

· A new Road Traffic offence of tampering with an odometer (clocking) with a penalty of €2,500 and/or three months in prison.

· Tougher penalties for involvement in a hit & run accident as follows:
o When a person flees the scene, with intent to escape liability, and does not offer assistance, knowing injury has been caused, €10,000 and/or seven years;
o Where death results, €20,000 and/or ten years.

· The Act changes the level of penalty points for several offences. These changes will come into effect when the Garda Pulse system is next updated. There will be increases for offences such as:
o Speeding will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4);
o Mobile phone use will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4);
o Non-wearing of seatbelts will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4);
o Other offences such as non-display of an NCT certificate, which at present involve a Court appearance, will attract 2 points on payment of fixed charge.

· Taking a blood specimen in hospital from a driver incapacitated following a road traffic collision. The permission of the treating doctor will be required before the specimen can be taken and the results of the analysis will be revealed only when the driver can, subsequently, give permission.

Further measures in the Graduated Driver Licence System by:

· Introducing the concept of ‘Novice’ for the first two years of a first licence. Novices will be required to display an ‘N’ plate;
· Setting the disqualifying level for novice and learner drivers at 7 penalty points, just over half the level for other drivers;
· Requiring learner drivers to produce a log book indicating that they have taken a minimum (to be specified in Regulations) of accompanied driving experience before taking a driving test. This is in addition to the 12 formal lessons with approved driving instructors already required.