Mandatory Breath testing of accidents.

Del2005

Just reading about the new drink drive laws and saw the bit about mandatory breath testing after RTA's. How do you guys who have to enforce this think it will work out?

At the monent there is no need for the Gardai to respond to fender benders, as it's purely a civil mater, but come next summer you'll have to respond to all RTA's. Will this end up with Garda cars racing about the place to breath test 2 drivers who've tapped into each other while more critical crimes get passed up, or will the usual priorities be used?

If fender benders are still going to be at the botton of a long list for your priorities, then how long will people be expected to wait for you to turn up? If I'm on my way to work and hit someone will I be expected to wait several hours for a Garda to turn up to breath test me, by which time I'd proberly be sober if I was over the limit, or can I move on after a resonable time?

TheNog

Del2005 wrote: »

Just reading about the new drink drive laws and saw the bit about mandatory breath testing after RTA's. How do you guys who have to enforce this think it will work out?

At the monent there is no need for the Gardai to respond to fender benders, as it's purely a civil mater, but come next summer you'll have to respond to all RTA's. Will this end up with Garda cars racing about the place to breath test 2 drivers who've tapped into each other while more critical crimes get passed up, or will the usual priorities be used?

If fender benders are still going to be at the botton of a long list for your priorities, then how long will people be expected to wait for you to turn up? If I'm on my way to work and hit someone will I be expected to wait several hours for a Garda to turn up to breath test me, by which time I'd proberly be sober if I was over the limit, or can I move on after a resonable time?

I have just read the Word document posted by Noel Dempsey. Although it is a rough guide and not legislation, it is difficult to know at this stage if we are required to attend to material damage collisions.

If we take it that we do have to attend these collision types and if it will be mandatory to test the drivers, then the current time limits still apply in that an evidential sample of breath/blood or urine must be taken within 3 hrs of driving.

On another note about penalty points and disqualification dealt with by way of fixed penalty, I see for Learners, recently qualified and professional drivers between BAC 20-80 it is 3 months disqualification and €200 fine but no penalty points.For other drivers between 50-80 it is 3 points and €200 but no disqaulification and for those between 80-100 it is 6 months off the road and €400 fine but no points. Doesnt seem right to me.

One more thing I noticed, if this legislation signed in with testing for influence of drugs and driving licences etc, it is a welcome move as we desperatly need training for drug driving and the whole licences and FCPS on PULSE needs a major overhaul to make it easier to use.

Leo Demidov

TheNog wrote: »

I have just read the Word document posted by Noel Dempsey. Although it is a rough guide and not legislation, it is difficult to know at this stage if we are required to attend to material damage collisions.

If we take it that we do have to attend these collision types and if it will be mandatory to test the drivers, then the current time limits still apply in that an evidential sample of breath/blood or urine must be taken within 3 hrs of driving.

On another note about penalty points and disqualification dealt with by way of fixed penalty, I see for Learners, recently qualified and professional drivers between BAC 20-80 it is 3 months disqualification and €200 fine but no penalty points.For other drivers between 50-80 it is 3 points and €200 but no disqaulification and for those between 80-100 it is 6 months off the road and €400 fine but no points. Doesnt seem right to me.

One more thing I noticed, if this legislation signed in with testing for influence of drugs and driving licences etc, it is a welcome move as we desperatly need training for drug driving and the whole licences and FCPS on PULSE needs a major overhaul to make it easier to use.

Drink driving limits seem like a bit of a step back from what was originally promised, politics should not be a popularity contest. Unfortnately though, drug driving is also a massive problem and its been tolerated for far too long. Any move to eradicate these scum should be welcomed. The conceited nature in which certain people float around behind the wheel is not only two fingers to the gardai but the victims of every single road death.

TheNog

wexfjord wrote: »

Drink driving limits seem like a bit of a step back from what was originally promised, politics should not be a popularity contest. Unfortnately though, drug driving is also a massive problem and its been tolerated for far too long. Any move to eradicate these scum should be welcomed. The conceited nature in which certain people float around behind the wheel is not only two fingers to the gardai but the victims of every single road death.

I agree except with the drug driving being tolerated. Its more of a case of lack of training to spot drug drivers. Hopefully with the new legislation coming in, training will be rolled out to all members

Del2005

TheNog wrote: »

I have just read the Word document posted by Noel Dempsey. Although it is a rough guide and not legislation, it is difficult to know at this stage if we are required to attend to material damage collisions.

If we take it that we do have to attend these collision types and if it will be mandatory to test the drivers, then the current time limits still apply in that an evidential sample of breath/blood or urine must be taken within 3 hrs of driving.

So you could be waiting at the side of the road for 3 hours if they bring it in. I can see a lot of hassle with this, with people refusing to move cars untill the Gardai have come etc.

On another note about penalty points and disqualification dealt with by way of fixed penalty, I see for Learners, recently qualified and professional drivers between BAC 20-80 it is 3 months disqualification and €200 fine but no penalty points.For other drivers between 50-80 it is 3 points and €200 but no disqaulification and for those between 80-100 it is 6 months off the road and €400 fine but no points. Doesnt seem right to me.

One more thing I noticed, if this legislation signed in with testing for influence of drugs and driving licences etc, it is a welcome move as we desperatly need training for drug driving and the whole licences and FCPS on PULSE needs a major overhaul to make it easier to use.

On a side note how to they qualify the professional driver? I've got HGV and bus licences but have never used them, so I know I'm not professional but could I be classed as one. Also what if a professional driver was done in their private car, would they be professional or private?

Leo Demidov

TheNog wrote: »

I agree except with the drug driving being tolerated. Its more of a case of lack of training to spot drug drivers. Hopefully with the new legislation coming in, training will be rolled out to all members

I'm not implying that its tolerated by Gardai but by legislation. I assume that every garda would like to see every drug driver off the road asap.

TheNog

Del2005 wrote: »

So you could be waiting at the side of the road for 3 hours if they bring it in. I can see a lot of hassle with this, with people refusing to move cars untill the Gardai have come etc.

A sample of breath/blood/urine must be obtained within 3 hrs of driving so in reality if it did come to it a driver would have to be arrested within the first 2 hrs of the collision for us to take into account travel time to the station or hospital etc etc

In all likelihood if there were injuries the response time would be a hell of a lot shorter than say for a material damage collision.

On a side note how to they qualify the professional driver? I've got HGV and bus licences but have never used them, so I know I'm not professional but could I be classed as one. Also what if a professional driver was done in their private car, would they be professional or private?

I have no idea until we receive the finer details of the legislation.

noel32

i think its a great idea we have a power already under section 12 rta which should be used i believe

lehanemore

are Gardai that drive patrol cars going to be classed as professional drivers?

TheNog

lehanemore wrote: »

are Gardai that drive patrol cars going to be classed as professional drivers?

If doubt it unless AGS issues us with separate driving licences from our own private ones but still is a good question. Time will tell I suppose.

pa990

you'd only be classed as a professional driver while driving the relevant vehicle, ie psv, hgv etc