Oireachtas Joint and Select Committees

Thursday, 16 April 2015

Joint Oireachtas Committee on Transport and Communications

General Scheme of Road Traffic Bill 2015: Discussion

2:30 pm

Mr. Fintan Towey:

The focus of this Bill is on restoring the arrangements for mutual recognition of driving disqualifications, which had been provided for but lapsed because of the UK's withdrawal from the EU convention.

As regards the drug questions, at present under the Road Traffic Act 2010, there is an offence for driving while intoxicated to the extent that the driver is unable to maintain proper control of a vehicle. Where a garda is of the opinion that the driver is impaired, the garda can carry out an arrest and have the appropriate tests undertaken at a Garda station, which means giving a specimen of blood by the person who has been arrested.

These new measures will provide for increased powers in terms of what a garda can do at the roadside. In particular, a garda will be able to carry out roadside testing for the presence of drugs, as well as the existing breath-testing arrangements for the presence of alcohol. The roadside testing arrangements will capture a number of the possible types of drug that can be used. Professor Cusack will expand on this. Where the presence of a drug is detected, the garda will arrest the person and a specimen of blood will be taken at the Garda station.

There is also provision for mandatory intoxicant testing. Therefore, in parallel or in a similar vein to the existing arrangements for mandatory alcohol testing, there would also be provision for random testing of drugs. That will capture both prescribable and illicit drugs. Illicit drugs are the ones we all know to be illegal drugs. Prescribable drugs are those that may be administered under the guidance of a health professional, but equally can be taken outside of that guidance. It is also an offence to drive while impaired as a result of being under the influence of prescribable drugs.

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