Using a hand-held phone while driving will become a penalty point offence punishable by up to four points from this Friday. It brings the number of penalty point offences to 36.
Under Section Three of the latest road traffic Act, signed into law earlier this month, a driver caught holding a mobile phone can choose to pay a fixed charge of €60 within 28 days, or €90 within the next 28-day period. The driver will also get two penalty points. A motorist who challenges the charge in court will receive four penalty points and will be liable to a fine of up to €2,000 if the challenge fails.
The only acceptable defence will be where the hand-held phone was being used to contact the emergency services.
Drivers who believe they can get round the legislation by saying the phone was not in use or by not actually holding it in their hand, should bear in mind that the new rules state that: "Matters such as whether or not the phone was being used or switched on at the time are not relevant." It continues: "The definition of holding a mobile phone covers holding it by hand or supporting it with some other part of the body. The definition prohibits the practice of cradling a mobile phone in the nook of the neck and shoulder."
Hands-free devices such as Bluetooth remain within the law, although there is mounting research to suggest that talking on the phone is a significant distraction whether it is hand-held or not.
The Minister for Transport, Martin Cullen said: "Road safety is paramount, and the holding of mobile phones while driving is a feature that I want to stamp out."
This additional move against motorists who dial and drive has been welcomed by the Labour Party's transport spokeswoman, Roisín Shortall. However, she pointed out that the Minister must now address the growing problem of cars with darkened windows.
The addition of using a hand-held phone while driving brings the number of penalty point offences to 36. Mr Cullen plans to introduce a further 38 including offences, such as applying for a licence while disqualified into the points system. This will eventually bring the total to 74 offences for which an errant driver can expect to receive penalty points. No date has yet been set for the introduction of points for these offences.
A Garda spokesman confirmed that while motorists cannot be prosecuted for the new offence if they are pictured by a speed camera using their mobile phone, they run the risk of being detected by officers in unmarked cars on the State's roads, as well as the 680 traffic officers deployed in marked Garda vehicles.
While the Garda would not provide the exact numbers of unmarked cars, it confirmed that there are at least two in Dublin, which are used in addition to the 36 marked and dedicated Traffic Corps motorcycles and patrol vehicles in the capital.
The Garda will not release the number of motorists already charged with driving while using a mobile phone since it became a offence on July 21st. But with the offence now also attracting penalty points, there will be more motorists joining the 327,000 who already have points on their licence unless they leave their phone out of reach.