Road Traffic No 2 2013 Enacted

The number of penalty points issued to drivers caught using a mobile phone while driving has risen from two to three following the latest Road Traffic Bill being agreed by the Seanad on Tuesday.

The Road Traffic No.2 Act 2013 will also introduce:

• Roadside impairment tests

• Novice driver licenses

• Higher penalty points for speeding & seatbelts

• Testing of unconscious drivers

• Tougher hit & run penalties

• Measures against car clocking

Minister for Transport, Tourism & Sport Leo Varadkar has said that the bill will improve safety levels on Irish roads, adding: "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.

"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.

"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.”



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:

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;

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:

Speeding will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4);

Mobile phone use will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4);

Non-wearing of seatbelts will now attract 3 points on payment of fixed charge and 5 on conviction (previously 2 and 4);

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.

(MH/CD)