Government moves to correct errors in traffic law

The Government moved in the Seanad yesterday to urgently correct two errors in the road traffic law ahead of bringing amending legislation into the Dáil this morning.

The Minister for Transport Martin Cullen has brought the amending legislation to correct a typing error in the Road Traffic Act 2006 providing for mandatory alcohol testing. Mr Cullen told the Seanad this error could have an impact on cases where a person refuses to give a roadside breath sample. This error was first reported in The Irish Times last week.

The Minister said while it would ultimately have been a matter for the courts to decide on the impact of the typing error, "to remove any such uncertainty, and in light of legal advice from the Attorney General on this matter, it is proposed to amend the section."

Despite this error, Mr Cullen said since mandatory alcohol testing was introduced in July drivers were beginning to change their behaviour. This could be seen in the general downward trend in road traffic deaths in August and September and a parallel fall in collisions.

Mr Cullen has also moved to correct the second error which came to light after a section giving the Minister the authority to grant licences to road haulage and passenger vehicle operators was "inadvertently deleted" in October last year. The Department of Transport became aware of that error last week.

This error means that any licences granted to road haulage operators since October 28th last were not legally valid. Following advice from the Attorney General Rory Brady this error will be corrected today and the legislation is retrospective.

Minister Cullen has also moved to address a problem of a shortage of doctors available to take samples of blood or urine in a Garda station from motorists. Under the new legislation nurses will be allowed to take these samples, thus extending the number of medical professionals available to take such samples.

The final problem dealt with by the new legislation concerns the wording of the 1994 Road Traffic Act. Mr Cullen told senators yesterday that the "wording gives rise to the potential for misinterpretation" in relation to the requirement of a garda to form the opinion that the motorist had consumed an intoxicant. Mr Cullen said "recognising that this is a pivotal provision in terms of the overall code applying to drink driving, I am taking the first available opportunity to both clarify and strengthen the provision."

During the debate on the new legislation yesterday, Mr Cullen was told that it was extremely worrying that such errors could exist and it undermined the impact of road safety laws.

Labour Senator Derek McDowell said the current proliferation of road traffic legislation was "mind-boggling" and called for the consolidation of the existing laws, a request seconded by other senators.

Mr Cullen admitted that the increasing complexity of road traffic law needed to be dealt with. "The restatement of these Acts will greatly facilitate their subsequent consolidation," Mr Cullen said. The amended Road Traffic Act was passed by the Seanad last night.