Constitutional issues for road law directive

A EUROPEAN Commission plan to introduce cross-border enforcement of road traffic laws has met a dead end, an Oireachtas committee heard yesterday.

The Department of Transport told the Oireachtas Committee on European Scrutiny that a directive – the initiative of the French presidency last year – was “hugely complex” and would have constitutional issues for Ireland.

The directive would have allowed drivers of foreign-registered vehicles to be prosecuted by Irish authorities using data supplied by authorities in the drivers’ home countries. It would specifically target speeding, drink-driving, not wearing seatbelts and driving through red lights.

Offenders’ details would be provided electronically by other member states and a fine would be sent in the post. The same would apply to Irish drivers abroad.

However, Department of Transport official Éilish Kennedy told the committee the “core difficulty” was that, in Ireland and unlike other countries, all offences under the Road Traffic Acts were criminal offences.

“In effect this means that a person accused of a road traffic offence has the right to and must be given the option of appearing in court. We do not have the option of applying an administrative fine or penalty such as was envisaged in the draft directive.

“Implementation of the draft directive would therefore not be a question of simply changing road traffic law but would have constitutional implications.”

Ms Kennedy said discussions last year presented “serious and fundamental difficulties” and the directive was not on the work programme for the Czech presidency.

Minister of State for Transport Noel Ahern had warned at transport council meetings in October and December last year that a “quick fix which would prove to be either unworkable or fertile ground for litigation” would not be a good outcome, she said.

Fine Gael TD Damien English said the complexity should not be an obstacle.

Ms Kennedy said the department was “very close to finalising” a deal with Northern Ireland and British authorities where disqualifications for reckless or dangerous driving, hit and runs, drink-driving and speeding would be recognised in both jurisdictions.