Catch-22 comes to court

If you thought a charge of careless driving was reserved for inconsiderate, speeding maniacs, think again.

If you thought a charge of careless driving was reserved for inconsiderate, speeding maniacs, think again.

Although the punishment for the offence will increase substantially next month with the introduction of a mandatory five-point penalty, which is in addition to a court appearance, fine and possible imprisonment, the catch-all nature of the charge remains.

Unlike the Minister of Transport, Seamus Brennan's plans for drink driving, motorists prosecuted for careless driving will have no option but to attend court. This means drivers could find themselves before a judge, and just seven points short of a ban, for something as minor as driving with a defective headlight or using their hand-held phone.

Indeed, the gardaí have confirmed that they have already used the careless driving charge to prosecute motorists caught using hand-held phones.

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And, with the stakes being raised considerably from June 1st, motorists considering calling a friend when they should be concentrating on the road, should think again.

Or they should at least wait until using a hand-held phone becomes a separate, lesser offence later this year, as it will only attract one penalty point.

Careless driving is defined in legislation as driving a vehicle in a public place without due care and attention, or without reasonable consideration for other people in that area. In 2002, there were almost 5,000 prosecutions for careless driving, of which 1,500 led to convictions (another 600 are still pending).

Although statistics do not define the actual offences that led to the convictions, the gardaí have confirmed that cases range from causing the death of other road users by careless driving, to using a hand-held phone. It is hoped that the charge and its mandatory five-penalty points will deter drivers from using their hand-held phones until new legislation, which is due before the Dáil during this term as part of the Road Traffic Bill, makes it a separate offence.

However, even when the Bill is passed into law, which is expected to happen before the Dail breaks for summer in the mid-July, there will still be a delay in implementing the new offence. This, explained the Department of Transport, is because the software needed to make the Garda Pulse 2 computer system compatible with the courts' computer system and the National Driver File will not be ready until the end of the summer.

The Department has confirmed that, until the compatibility problems are resolved, they will be delaying introducing further penalty point offences after June 1st. Careless driving - a charge that is instigated at the discretion of the gardaí - can cover a multitude of motoring sins including:

Causing death by careless driving;

Driving without due care and attention;

Driving without reasonable consideration for other people;

Careless overtaking;

Driving while using a hand-held phone;

Jumping traffic lights;

Driving a vehicle with broken or defective lights;

Dangerous reversing;

Not dipping headlights