The European Commission yesterday moved a step closer to taking Ireland to the European Court of Justice over random police checks on the car insurance of motorists from other EU countries.
Irish motorists, however, will still be subject to random checks, even when the law is changed.
The Commission sent the Irish Government a "reasoned opinion" asking that 1961 road traffic legislation be changed so gardai can no longer make random checks on vehicles.
Currently the Garda may make insurance checks on vehicles without the vehicle being involved in an accident or going over speed limits.
According to the Commission, the Irish law is at odds with an EU directive on the free movement of people in the EU. This abolished checks on insurance green cards for vehicles from one member-state entering another.
It appeared the Commission's instruction concerned the right of other EU members to travel freely within the State, a Department of the Environment spokesman said.
If Ireland fails to change the legislation within two months, the Commission may take it to the European Court of Justice.
The Commission said Ireland had said it intended to change the regulations but had not told it when they would take effect.
The Department spokesman confirmed it had written to the Commission to indicate it intended to draw up the required regulations. As it had not specified when these would be drawn up, the Commission issued its "reasoned opinion". "We are committed to bringing Irish law into line with EU law," he said.