Road Traffic Bill 2006

robfitz

The First Stage of the new Road Traffic Bill 2006 is now available.

http://www.oireachtas.ie/viewdoc.asp?DocID=5774

Victor

Related thread http://www.boards.ie/vbulletin/showthread.php?t=2054941269

I'm planning to make a submission, what do people want added / changed / deleted?

They could at least have run a spellchecker on it.

Victor

http://www.transport.ie/viewitem.asp?id=7606&lang=ENG&loc=1887

Road Traffic Bill 2006 has Tough and Essential Elements Necessary for Safer Roads - Cullen
2 June 2006
"Measures are tough but necessary to improve driver behaviour & attitude & save lives."

Transport Minister, Martin Cullen, T.D. today (Friday, 2nd June 2006) outlined a number of key measures provided in the Road Traffic Bill 2006 that will play a pivotal role in improving road safety in Ireland. The Minister will introduce the Bill in the Seanad next Thursday as it begins its passage through the Houses of the Oireachtas.

Commenting on the Bill, Minister Cullen said: "Publication of this Bill today marks another major step forward in this Government's commitment to do all it can to make our roads safer. My cabinet colleagues and I are of the same opinion on the urgency to have the Bill enacted as quickly as possible. When enacted, it will provide the Gardaí with the power to enforce the new measures immediately. The measures in this Bill are tough. But, they are necessary to improve driver behaviour and attitude and save lives.

Published today, the Bill provides for mandatory alcohol testing, the banning of driving while holding a handheld mobile phone and hundreds more speed cameras. It also provides for increases on the period of disqualification for drink driving offences on conviction more severe fines for drink driving. In addition, it enables the Minister to bring forward reforms of the driving licensing regime, in particular to reduce long term reliance on provisional licences.

The Minister referred to what he described as a totally unacceptable backlog in the waiting list for driving tests. He said further negotiations had taken place in recent weeks between the Department of Transport and union representations under the chairmanship of Kieran Mulvey of the Labour Relations Commission (LRC) who acted as agreed Mediator.

On Wednesday, Mr. Mulvey recommended a basis on which Minister Cullen's plan to outsource 40,000 completed tests should proceed. It is envisaged that a contract would be in place by 1st July 2006. This would be a contract solely for the purpose of achieving a defined number of completed tests to assist in eliminating the current backlog of applications. It could be extended to 45,000 tests if necessary. Measures to address union concerns were also included in the proposal and cover liaison arrangements and commitments on training. I wish to confirm today that I as Minister for Transport have accepted the recommendations. I understand they are being put to the Impact members in the coming week and I hope they will accept them also."

Main provisions of the Road Traffic Bill include:

* a framework for the engagement of private sector interests in the provision and operation of cameras and other technology for the detection of speeding offences,
* the introduction of mandatory road side breath testing of drivers for alcohol in a targeted manner,
* the adoption of a new fixed charge and disqualification for certain drink driving offences,
* an increase in financial penalties relating to drink driving offences and other offences,
* an increase in periods of disqualifications relating to drink driving offences and other driving offences,
* the introduction of a statutory basis for the control of the use of mobile phones by drivers,
* the reform of the driver licensing regime
* the introduction of broader powers to the Gardaí to detain vehicles,

Privatisation of Cameras

The Bill provides that private operators can be engaged by the Minister for Justice, Equality and Law Reform in the provision and operation of cameras and other equipment used for the detection of a range of traffic offences including those relating to speeding. Decisions in relation to the location of equipment will be a matter for the determination of a Garda Superintendent.


Mandatory Alcohol Testing and Associated Provisions

The Bill provides the legal basis for mandatory alcohol testing checkpoints. This provides the Gardai with the right to administer a breath test to a motorist stopped at a mandatory alcohol testing checkpoint without individual suspicion that the motorist has consumed alcohol. There are also a number of provisions being introduced along with extended breath testing.

Extended breath testing will undoubtedly lead to a higher number of detections for drink driving and subsequent court cases. For this reason, it is proposed to introduce a fixed charge for certain drink driving offences in order to reduce the number of cases which would otherwise be heard in the courts. This means that in the case of those who have a blood alcohol level between 80mg and 100mg per 100 ml of blood, an offer of paying a fixed amount (€300) and accepting a six-month disqualification will be offered to those within the limits specified, who have not been convicted of a drink driving offence in the previous 5 years and will only be made available to an individual once in any 5-year period. If no payment is made, court proceedings will be instigated. The Bill proposes to increase both the periods of disqualification for drink driving offences on conviction, and the fines for drink driving.

It is also proposes to increase the periods of disqualification for other serious offences (which currently attract automatic disqualification). Furthermore, all fines which apply to road traffic offences are being increased, bringing them more into line with the maximum fines which can be imposed by the District Courts.


Changes to Legislation relating to Disqualifications

The Bill proposes a significant amendment to the current structures through which a person who has been disqualified from driving may apply to have their licence restored. It limits the scope for an application to a person who has been the subject of a disqualification of more than 2 years and provides that, at a minimum, the person must serve up to two thirds of the period of the original disqualification.

Automatic disqualification to two additional offences is being introduced. In the first instance, where a person who drives a mechanically propelled vehicle while he or she is disqualified from driving, will on conviction for that offence, receive an additional disqualification of at least 1 year. Secondly, where a driver commits an offence of striking a bridge, leading to death or serious injury will attract a disqualification of at least 4 years for a first offence and 6 years for a second or subsequent offence.


Use of Mobile Phones

The Bill creates an offence of driving a mechanically propelled vehicle while holding a mobile phone. Gardai and emergency services are exempt from this provision while on duty. The Section also provides that the Minister can make Regulations in relation to the restriction or prohibition on the use of other communication and information equipment while driving. The Bill also provides for the application of penalty points to the offence of driving while holding a mobile phone.

Minister Cullen said: "This Bill leaves nobody in any doubt about this Government's seriousness on Road Safety. The severity of the punishments for those found guilty of serious driving offences underlines that seriousness. Combined with increased Garda enforcement, these new measures will help us to stamp out irresponsible and dangerous driving and in doing so, save lives."

ENDS