The plan to penalise motorists using hand-held mobile phones while driving, due to be introduced tomorrow, has been postponed until Friday to have the maximum impact during the bank holiday weekend.
From Friday motorists using mobile phones will be prosecuted for the offence of careless driving and will face five penalty points, a fine and a mandatory court appearance.
This harsh punishment will be temporary , however, caused by a delay in introducing specific legislation for the offence and a further delay in introducing a new Garda computer system.
Under the upcoming Road Traffic Bill the use of mobile phones by motorists will carry one penalty point, or three if contested in court. The Government hopes to have the Bill before the Dáil in the next three weeks.
However, even when the Bill is passed there will still be a delay in implementing the new phone offence until the Garda Pulse 2 computer system is deemed compatible with the Courts Service computer system and the National Driver File. This is not expected to be fully rolled out until the end of the summer.
The Department of Justice has said it is planned to commence the electronic system before the end of June, initially by way of live pilot, with full implementation following successful completion of the pilot.
Motorists prosecuted for careless driving have no option but to attend court. This means drivers could find themselves just seven points short of the 12 point limit when a six month driving ban is imposed.
Careless driving - a charge that is instigated at the discretion of the gardaí - is defined as "driving a vehicle in a public place without due care and attention, or without reasonable consideration for other people in that area".
It can cover a multitude of motoring offences from causing death by careless driving, to driving a vehicle with broken or defective lights, dangerous reversing, or not dipping headlights. In 2002, there were almost 5,000 prosecutions for careless driving, of which 1,500 led to convictions. Another 600 are still pending.
Latest statistics show that up to April 6th, 128,966 drivers have incurred penalty points in the 17 months since they were introduced. Of these 20 drivers have 10 points - two short of automatic disqualification - while one driver has reached 12 points and has been automatically disqualified from driving for six months. Points are currently incurred for speeding offences, driving without insurance and the non-wearing of seat belts.
Meanwhile, the Department of Transport has said it will seek legal advice following claims yesterday that many penalty point tickets are faulty and could be dismissed by the courts. According to reports two speeding cases were dismissed last week because the tickets fail to refer to updated road traffic legislation.
A spokesman for the Department said officials had not been aware of such a problem. The Attorney General was already examining the legal issues surrounding hand-held speed guns, after cases were dismissed as the devices did not provide a print-out. "If necessary, we can ask the Attorney General to look at this issue as well." If new regulations are required, they can be introduced as part of new legislation to be introduced later this year.