The Minister for Transport has been strongly criticised for not immediately imposing penalty points on motorists using hand-held mobile phones. David Labanyi reports.
When Martin Cullen signed the commencement order for the Road Traffic Act two weeks ago, he warned that drivers using mobile phone would now face prosecution and a fine of up to €2,000.
However, the offence will not attract penalty points until the autumn at the earliest. Roisín Shortall, Labour Party transport spokeswoman, said this failure to implement this part of the new law immediately was a serious mistake.
"With road deaths ahead of last year, public concern about road safety at an all-time high and the August bank holiday weekend approaching, I think it is a serious mistake on the part of the Minister not to have implemented these key provisions of the new Act," she said.
A spokeswoman for the Department was unable to give a reason why driving while using a hand-held mobile was not immediately added to the list of penalty point offences. She was also unable to provide a specific date when it would be added to the list.
Under the new Road Traffic Act, driving while using a mobile phone is an offence. However, the Garda was unable to say how many motorists have been prosecuted for this offence since the new law was introduced.
Prior to the new legislation, drivers using a hand-held mobile could face prosecution for dangerous driving. However, the number of motorists prosecuted under the general heading of dangerous driving is small.
Only 8,500 people were charged under the broad heading of dangerous driving in 2005, a category that includes reckless overtaking and tailgating, and just 1,514 were convicted.
It was hoped that penalising drivers with two penalty points for being caught using a mobile would lead to more rigorous enforcement. Drivers who don't pay the fixed penalty for this offence and are convicted, will get four points on their licence.
A recent study in the US showed that using a mobile phone while driving resulted in the same level of driver impairment as drinking a vodka.
Ms Shortall said it was disappointing that despite having rushed the Road Traffic Act through the Dáil prior to the recess, seven important elements of the new legislation had not been implemented.
"These sections deal with a range of measures including consequential disqualification orders, regulations relating to driving licences and learner permits, a requirement to carry a driving licence while driving a vehicle, and the imposition of penalty points for bridge strikes."
She added that the introduction of fixed charges and disqualification for certain drink driving offences had not yet been implemented: "If we are to improve road safety and reduce both crashes and road deaths, then all the provisions of the new Road Traffic Act must be implemented without further delay."
To assist with enforcement of the ban on driving with a mobile, Ms Shortall has also called on the Minister to address the issue of tinted windows. At the moment, driving with tinted windows is not an offence as long as the driver's view of the road is not obstructed. However, tinted windows can make it difficult for gardaí to identify the driver, and would also cause difficulties with enforcing a ban on mobile phones.
Following publication earlier this week of a review of the NCT, the Minister has referred the matter of whether there should be regulations on the amount of tinting allowed to an expert group.