GENERAL

What is the Bill about?

This Bill is about saving lives and reducing injuries on Irish roads. One of the provisions of the Bill is to lower the legal Blood Alcohol Concentration (BAC) level for drinking and driving for the current limit of 80mgs to 50mgs (for qualified drivers) and 20mgs (novice & professional drivers).

The Bill also:

• Introduces administrative fixed penalties for certain drink driving offences (i.e. learner, novice & professional drivers at BAC levels of 20-80mg; other drivers at BAC levels of 50-80mg and 80-100mg);
• Introduces Preliminary Impairment Testing (such as co-ordination tests) to assist Gardaí in forming an opinion as to whether a driver is under the influence of an intoxicant (drink or drugs);
• Amends fixed charge and penalty point provisions, to provide for the option of payment of a fixed charge on receipt of a summons for the offence; to set out certain presumptions in relation to the delivery of fixed charge notices; and to improve certain matters relating to the endorsement of penalty points on driver records;
• Amends driving licence provisions, to ensure that penalty points and disqualifications can be applied to non-national driving licences, and to give the Gardai powers to seize a licence where the driver has been disqualified or where the licence has been fraudulently obtained or is forged or altered;
• Amends provisions and penalties in relation to disqualifications and restates, with amendments, certain driving offences, including inconsiderate, careless and dangerous driving.

In addition, the Bill restates, in a consolidated and clearer format, existing provisions on intoxicated driving, consequential disqualifications and fixed charge offences, and includes a number of minor amendments to the Road Traffic Acts.

What difference will the Bill make to road safety?

Alcohol is one of the main causes of death and injuries on our roads along with speeding and not wearing seat belts. Alcohol impairs driving and the evidence is clear that reducing BAC levels will reduce the incidence of road collisions, thereby saving lives and preventing serious injuries and make roads safer for everyone.

279 people were killed on Irish roads last year, and 198 so far this year. Many more were injured. Each fatality and injury on our roads can devastate families, friends and communities.

Some facts from the RSA’s website www.drinkdriving.ie :

• Alcohol is estimated to be a contributory factor in 1 in 3 fatal collisions;

• At half the current limit (i.e. 40mg), drivers are twice as likely to be involved in a collision. At the current limit (i.e. 80mg), drivers are six times more likely to have a collision;

• Alcohol is twice as potent when you are a tired driver;

• Almost 1 in 5 drivers killed on our roads, where alcohol was present, were under the legal limit when they died.

Quite apart from the personal and social impacts of road collisions, their economic cost is estimated to be in the region of €1.3 billion each year.

Personal choices are made in relation to drinking and driving, and changing driver behaviour is the target. A reduced BAC level and enhanced enforcement provisions will directly address the issue of the alcohol and driving.

When will the Bill be introduced?

Following publication, the Bill will be considered by the Oireachtas. It is up to the Dall Whips to allocate the Bill speaking time. Once the Bill has been finalised and approved by the Oireachtas, the commencement of the new Road Traffic Act will proceed.

INTOXICATED DRIVING

See RSA Website www.drinkdriving.ie for detailed information on drink driving

What drink driving (or BAC) limits are proposed?

The proposal is to lower the legal Blood Alcohol Concentration (BAC) from 80mg of alcohol (per 100 ml of blood) to 20 mg for learner, novice and professional drivers, and from 80mg of alcohol (per 100 ml of blood) to 50 mg for other drivers. The equivalent levels in urine and breath will apply.

How much alcohol can be consumed to ensure compliance with the new legal blood alcohol concentration (BAC) limit of 50mg?

Individual metabolism of alcohol and reactions to vary from person to person and with a variety of factors, including body mass, fatigue, whether or not food has been taken, time elapsed. However the simple fact is that any alcohol impairs driving, affecting vision, judgement, co-ordination and reaction time. This increases the risk of a collision, with potential consequences for the driver, any passengers, and other road users.

For further information on this issue check this website: www.drinkaware.ie

What effect will these new drink driving limits have on people’s social life, particularly in rural Ireland?

This measure will bring further changes to driver behaviour and the personal choices made in relation to drinking and driving generally. It will be an adjustment for some, but many already take on board the implications of alcohol and are not drinking and driving. Collisions, deaths and injuries on our roads and their traumatic effects on families and communities are also social issues in both rural and urban areas.

What are the penalties for drink driving offences?

Penalties of automatic disqualification, period of imprisonment and fines already exist for drink-driving convictions in court, but will be amended to take account of the lower BAC levels :

New BAC and Disqualification Periods, on Conviction in Court

As an alternative to a court prosecution, section 26 of the Bill provides for an administrative fixed penalty in the case of certain drink driving offences. Learner, novice and professional drivers detected at BAC levels 20+ to 80mg, and other drivers detected at BAC levels 50+ to 80mg will be will be served with a fixed penalty notice, provided they are not currently disqualified and have not availed of the administrative fixed penalty option in the past 5 years. If the fixed penalty is paid, court proceedings will not be initiated, and the penalty points or a disqualification in the Table below will be applied :

BAC – New Administrative Fixed Penalties

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What about mandatory testing at collisions?

Section 8 provides for mandatory testing of drivers involved in road traffic collisions.

The Bill seems to duplicate existing provisions on drink driving, eg in relation to Mandatory Alcohol Testing

Yes, existing drink-driving provisions in a number of Road Traffic Bills have been restated in this Bill in a consolidated and clearer format, and the current provisions will be repealed.

Does the Bill deal with driving under the influence of drugs?

Driving under the influence of drugs is already an offence under the Road Traffic Acts. To aid the Garda Síochána in detection, section 10 gives them powers to carry out Preliminary Impairment Tests (for example coordination tests) that will determine whether a driver is under the influence of an intoxicant, including drugs.

What kind of testing will be used?

Theses will be prescribed by the Minister in Regulations. Examples used in other jurisdictions are co-ordination tests (such as walking a straight line), checking if the pupils of the eyes are dilated, etc.

LEARNER, NOVICE & PROFESSIONAL DRIVERS

What is meant by a novice driver?

This is a person on his or her first driving licence within the first two years of that permit

What is a professional driver?

This is defined in section 3, under the definition of a “specified person”, as :

• The holder of a licence to drive a vehicle of a particular category, i.e. category D, D1, EB, EC, EC1, ED, ED1 and W, while driving or attempting to drive or being in charge of that vehicle, or
• The holder of a licence to drive a small public service vehicle under section 34 of the Taxi Regulation Act or section 82 of the Road Traffic Act 1961, while driving or attempting to drive or being in charge of such a vehicle when the vehicle is being hired or plying for hire.

FIXED CHARGES & PENALTY POINTS

Are there legislative amendments to the penalty points system in the Bill?

The Bill provides for a number of amendments to improve the effectiveness of the penalty points system. The amendments in Section 41 will facilitate the endorsement of penalty points where a licence record does not exist and for foreign driving licence holders. The section also provides for the transfer of any penalty points accumulated from such a record to a pre-existing record, at the discretion of the Minister.

Section 26 of the Bill, relating to administrative fixed penalties for certain driving offences, is a new provision under which penalty points may be applied in certain cases. (See under Intoxicated Driving)

Minor amendments to existing penalty point provisions are at section 45 of the Bill, in relation to updating the references to certain existing penalty point offences

What changes are made to fixed charges?

In Part 3 the Bill amends fixed charge and penalty point provisions, to provide for the option of payment of a fixed charge on receipt of a summons for the offence; to set out certain presumptions in relation to the delivery of fixed charge notices; and to improve certain matters relating to the endorsement of penalty points on driver records.

DRIVING LICENCES

What changes are made to driving licenses?

The main changes are in sections 47 and 50. Section 47 amends existing provisions to ensure that penalty points and disqualifications can be applied to the holders on non-national driver licences. Section 50 gives the Garda Síochána powers to seize and make a copy of a driving licence or permit where the person is disqualified or where the licence may have been fraudulently obtained, forged or altered.

OTHER PROVISIONS OF THE BILL

Are there other provisions in the Bill?

The Bill provides for amended penalties for disqualifications and restates, with amendments, certain driving offences, including inconsiderate, careless and dangerous driving; driving a dangerously defective vehicle; and parking a vehicle in a dangerous position, in Part 7.

Disqualifications generally are the subject of Part 6, and miscellaneous amendments to Road Traffic legislation are in Part 8, in relation to :

1. Definitions,
2. Driving or being in charge of a substantially disabled vehicle,
3. Offence of exceeding speed limit,
4. Vehicle insurers to provide details of motor insurance policies,
5. Evidence in relation to speeding & other offences,
6. Cost of prosecutions,
7. Functions of Commissioner of Garda Siochana,
8. Increase in certain penalties,
9. Driving instructors,
10. Special speed limits,
11. Exemptions for emergency vehicles,
12. Supply of mechanically propelled vehicle to minor, and
13. Display of local authority permits.