Legislation banning the use of mobile phones while driving, including text-messaging, will soon be brought before the Dáil.
The Department of Transport is in the "final stages" of preparing legislation to ban the use of hand-held mobile phones while driving and will be brought before the Dáil at the "earliest slot", according to a spokesman from the Department of Transport.
Minister of State Ivor Callely initiated the drafting of legislation after being urged to do so by the Attorney General.
When the penalty points scheme was introduced in the Republic in 2002, using a mobile phone while driving was one of 69 offences for which drivers could receive points.
Drivers caught using a hand-held phone while driving can receive one point on their licence.
However, gardaí have not been able to enforce this penalty as there is no primary legislation banning the use of hand-held mobile phones.
"The Department of Transport have drafted this legislation after being urged to do so by the Attorney General," said the spokesman.
While text-messaging was included in the ban, one detail that was still being ironed-out by the department, he added, was whether the proposed legislation would include a ban on hands-free phones and car-kits. "But this is unlikely," he said.
In 2002 Bobby Molloy, then minister of state for the environment, brought forward legislation to ban the use of mobile phones in cars.
These proposed regulations stated that drivers could not hold or have on their person a switched-on mobile phone while in their vehicle, unless the vehicle was parked. The ban did not extend to fixed hands-free units.
The Garda Commissioner referred the 2002 mobile phone legislation to the Attorney General for clarification, as the blanket ban would have included emergency services.
It was eventually withdrawn.
Brian Farrell of the National Safety Council said he welcomed the second attempt to ban drivers using mobile phones.
He said he would support the legislation going further and banning the use of hands-free kits in cars as well.
"We recommend that you don't use hands-free kits, they are a proven distraction. You need to be able to react to your environment," he said.
Many countries, including Portugal and France, have banned the use of hands-free kits in cars.
Gardaí can currently prosecute drivers for dangerous or careless driving if they are caught talking on mobile phones.
"You can receive five penalty points and a fine of up to €1,500 and/or imprisonment," Mr Farrell said.