Seanad report: Random breath-testing of drivers could result in a glut of convictions of people who were only slightly over the legal limit of alcohol consumption, Derek McDowell (Labour) said.
While welcoming the provisions of the Road Traffic Bill 2006, Mr McDowell said he did not have a problem with random testing in Dublin, where there was a decent public transport system. "But if I was an auld farmer in the west of Ireland a couple miles from a pub, taking my couple of pints once or twice a week, I might take a different view."
He said he believed that fellow politicians in country areas would get a cold wind if this measure was not enforced in a way that was reasonably sensitive to social life in rural Ireland.
Minister for Transport Martin Cullen said that the Bill provided for mandatory alcohol testing, the banning of driving while holding a hand-held mobile phone and hundreds of new speed cameras. It also provided for increases in the period of disqualification for drink-driving offences on conviction and more severe fines for drink-driving. In addition, it enabled the Minister to bring forward reforms of the driving licensing regime, in particular to reduce long-term reliance on provisional licences. Mr Cullen said that the establishment of checkpoints for mandatory alcohol tests would require specific authorisation of a Garda officer not below the rank of inspector. The Garda commissioner would establish guidelines to inform all gardaí in the carrying out of their roles in relation to such testing.
Mr Cullen stressed that this initiative was an addition to existing provisions in this area of the law. Where motorists were detected with levels of not more than 100 mgs of alcohol per 100 mls of blood, or the equivalent levels in urine or breath, they would have the opportunity to pay a fixed charge of €300 and accept a disqualification of six months, or face court proceedings. On conviction, they would be disqualified for 12 months, while those with second or subsequent offences would be put off the road for two years. Between 100 mgs and 150 mgs, the penalty would be a disqualification of two years for a first offence and four years for second or subsequent offences. Over the level of 150 mgs would result in being put off the road for three years for a first offence and for six years for second or subsequent offences.
Mr Cullen said that the minimum period of disqualification for dangerous driving causing death or serious injury would go up from two years to four years for a first offence, and up to six years in respect of second or subsequent offences.
Applications for the restoration of licences would be facilitated only in respect of first-time disqualifications of not less than two years, and they could be made only following the completion of half of the period of the disqualification. A successful application would result only in a reduction of one-third in the overall period at the maximum end of the scale.
Conviction for holding a mobile phone while driving would be punishable by a maximum fine of €2,000 as well as four penalty points. Mr Cullen said he intended to make regulations that would apply a fixed charge in respect of this offence, on the payment of which two penalty points would be applied.
A provision in the Bill enabled a period to be specified, following the granting of a learner permit, during which a learner driver could not apply for a test. This was intended to ensure there would be a minimum period during which a learner driver had to undergo instruction before being allowed to apply for a test.