Using a handheld mobile phone while driving will become an offence from midnight tonight under new measures in the Road Traffic Act activated yesterday by Minister for Transport Martin Cullen, writes Conor Lally.
Under the newly activated provisions gardaí will also be empowered from midnight tonight to carry out random breath-testing.
Drivers who are breathalysed and found to be over the legal limit of 80mg will face between three months and four years off the road. Those who refuse to give a breath test face a two-year ban.
Garda Commissioner Noel Conroy said the new measures would result in checkpoints being set up outside pubs.
Mr Cullen warned motorists that if they were detected using their mobile phones without a hands- free kit, they would incur penalty points. When asked why the roll- out of an additional 31 penalty offences, in addition to the original four, in April had failed to reduce road deaths, he said:
"I think that's the wrong way to look at it. All of these (measures) are part of a whole broad range of policy and legislative initiatives and enforcement initiatives that together will bring about a change in people's attitudes."
The number of people with penalty points on their licences was growing. Public awareness had been raised but driver behaviour would take a period of time to change.
"Clearly the most powerful person in all of this is the person behind the wheel of the car," Mr Cullen said. The offence of using a mobile phone without a hands-free set will attract two penalty points on payment of a fixed charge and four penalty points on conviction. Motorists also face a maximum fine of €2,000 on conviction.
Commissioner Conroy said road traffic enforcement had increased significantly since the additional 31 offences were added to the penalty points system, with 100,000 motorists having been penalised since the beginning of April.
Asked if the new measures relating to random breath-testing would mean drink-driving checkpoints outside pubs, he said: "Of course there will be checkpoints. You can take it that will be the case."
The new measures come into effect following the signing into law at the weekend by President Mary McAleese of the Road Traffic Act 2006. Under the Act gardaí will have the power to impound vehicles registered outside the State that have no insurance.
The legislation also clears the way for the privatisation of a nationwide network of speed cameras. Mr Cullen said the procurement process would be commenced by the Garda and Department of Justice "over the next few months".