Appendix

Road Traffic Bill 2009

Regulatory Impact Assessment

Road Traffic Bill 2009

Regulatory Impact Analysis

Reduction in Blood Alcohol Content (BAC) Level

1. Policy Context/Background

1.1 The Road Safety Strategy 2007 to 2012, approved by the Government and launched by the Taoiseach in October 2007, identifies the need to legislate for and introduce a reduction in the legal Blood Alcohol Content (BAC) level for drivers (Action No. 76), but does not specify what that level should be.

In determining what the BAC limit should be reduced to, the advice of the Road Safety Authority (RSA) was sought. The RSA’s recommendations were received in 2008 and the Government, in noting the contents of the Authority’s report, agreed that it be taken into account in preparing this Bill.

2. Statement of Objectives

2.1 The overall objective, which sets the context for a reduction in the BAC level, is to reduce road deaths and serious injuries. The core objective of the Road Safety Strategy 2007-2012 is to reduce road fatalities to not greater than 60 fatalities per million. This would equate to an average of 21 road deaths per month or 252 per year. The average number of road deaths per month in 2008 was 23 and the monthly average for the first nine months of 2009 is 20.

2.2 Fatalities on our roads have fallen in recent years, and the number for 2008, at 279, is the lowest since records began. The number of fatalities in 2009 to 30^th September is 178, which is 41 less than on the same date last year.

2.3 The key to reducing injuries and fatalities is to change driver behaviour, and a reduction in the BAC level reinforces the message that any alcohol level impairs driving.

3. Identification of Choices/Options

3.1 Option 1 – Do Nothing This option is included for benchmarking purposes, but the Government has already decided to reduce BAC levels, in the context of its approval of the Road Safety Strategy.

3.2 Option 2 – Reduce the BAC levels to a level between 50mg and the current 80mg The Minister for Transport is mindful that both this country, the UK and Malta are the only remaining EU countries with an 80mg limit. All other countries have adopted a limit of 50mg or lower.

The Minister is also conscious that the Northern Ireland Authorities published a consultation document in April 2009, which advocates a reduction from 80mg to 50mg (and 20mg for novice drivers) in that jurisdiction. It would be important for road safety and enforcement on both sides of the border to have the same BAC levels if possible. A move to a level other than the proposed 50mg would further isolate us in terms of moving into line with best practice countries in Europe, in addition to causing difficulties in enforcement in relation to cross-border drivers.

3.3 Option 3 – Reduce the level to below 50mg While a limit of 20mg is proposed for inexperienced and professional drivers, it is not being considered as an appropriate level for all drivers at this time as it would not have the support of the public at large.

3.4.1 Option 4 – Reduce the BAC level to 50mg - This is the advice of the Road Safety Authority (RSA), and its Policy Advisory Panel, in relation to the most appropriate BAC level to deliver the optimum road safety dividend.

The Minister for Transport proposes to accept the RSA’s advice and reduce the BAC levels from 80mg to 50mg. This is the preferred option, and the view is that it will have the support of the general public.