Results 1,421-1,440 of 1,683 for speaker:Derek McDowell

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Derek McDowell: I support the important amendment tabled by Senator Paddy Burke. My understanding of the system as set out in this section is that one will be served with a fixed charge notice and will be informed subsequently that one has been automatically disqualified. Obviously, this measure is intended to be more lenient than a normal prosecution and, consequently, one is only eligible to be so treated...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Derek McDowell: Before Members finish their discussion on this topic, I wish to explore further the important issue raised by Senator Dooley. I refer to the amount of information available at any given time about disqualified people. Are there local databases or a national database which contain such information? If so, how recent is such a database and how much is known? It is important that the Garda...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Derek McDowell: Is it available at present?

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Derek McDowell: Is it possible for a garda to check whether a person has been disqualified within the past five years?

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Derek McDowell: This is an ancillary issue to Senator Burke's amendment that relates to the same general area. Under subsection (13) there is an assumption that the onus is on the individual who pays the fine to prove that he or she has done so and that is reasonable. However, the onus is also on the person who claims never to have received a disqualification notice to prove that this is the case and this is...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Derek McDowell: I can imagine circumstances where a person driving while disqualified will claim never to have received the notice. The Department of Transport expects such people to prove they did not receive it, but how can they do so? A certificate of posting or another evidential requirement should exist in order that it can be proven that a disqualification notice has been served.

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Derek McDowell: It would be a pity to allow this section to go by without some debate, even if that simply involves me expressing my concerns. This section aims to provide for a quick form of prosecution for people who have had a few pints. The limit of 100 mg of alcohol per 100 ml of blood equates to two or three pints, roughly, for the average male of reasonable stature. I understand that there are people,...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Derek McDowell: The section envisages farming out the process of sending out notices. Perhaps the Minister of State will talk us through that and tell us his intentions. I notice subsection (15) allows the Minister to enter into an agreement, presumably with a private sector company, to serve the notices. The process set out in the section seems very cumbersome, involving three or four different agencies...

Seanad: Road Traffic Bill 2006: Committee Stage. (14 Jun 2006)

Derek McDowell: This is an interesting issue. The practice heretofore, as I understand it, is that after a person has been disqualified for a certain period, he or she could get the licence back. This was the normal practice in most District Court areas and District Court judges were inclined to give back a licence if there were any reasonable causes to do so. I applaud what the Minister of State is doing,...

Seanad: Road Traffic Bill 2006: Committee Stage (Resumed). (14 Jun 2006)

Derek McDowell: Will the Minister of State provide information on recognition of foreign licences. Does the Cathaoirleach wish to defer the discussion?

Seanad: Road Traffic Bill 2006: Committee Stage (Resumed). (14 Jun 2006)

Derek McDowell: I wish to explore the matter of the recognition of foreign driving licences. Section 8 sets out a process whereby driving licences issued in other jurisdictions can be exchanged for Irish driving licences. I was surprised when I read this. I am not clear on the background and perhaps the Minister of State will help me with it. My understanding was that European Union issued driving licences...

Seanad: Road Traffic Bill 2006: Committee Stage (Resumed). (14 Jun 2006)

Derek McDowell: What are the current arrangements? Must a French licence be exchanged in Ireland or can one simply drive here with a French licence?

Seanad: Road Traffic Bill 2006: Committee Stage (Resumed). (14 Jun 2006)

Derek McDowell: If a French person using a French licence is awarded penalty points while driving in Ireland, do these points attach to the French licence? If not, I would not bother to exchange my licence for an Irish one if I were coming here from France to live for a year.

Seanad: Road Traffic Bill 2006: Committee Stage (Resumed). (14 Jun 2006)

Derek McDowell: I appreciate that. Are they recognised in Ireland in respect of the French licence? If a French citizen living in Ireland for two years commits a number of driving offences exclusively in Ireland and is awarded 12 penalty points, does his possession of a French licence make him immune?

Seanad: Road Traffic Bill 2006: Committee Stage (Resumed). (14 Jun 2006)

Derek McDowell: Although he has a French licence?

Seanad: Road Traffic Bill 2006: Committee Stage (Resumed). (14 Jun 2006)

Derek McDowell: What is a speed limitation device?

Seanad: Road Traffic Bill 2006: Committee Stage (Resumed). (14 Jun 2006)

Derek McDowell: Is it fitted to trucks?

Seanad: Road Traffic Bill 2006: Committee Stage (Resumed). (14 Jun 2006)

Derek McDowell: Are they obligatory?

Seanad: Road Traffic Bill 2006: Committee Stage (Resumed). (14 Jun 2006)

Derek McDowell: This is all very informative.

Seanad: Road Traffic Bill 2006: Committee Stage (Resumed). (14 Jun 2006)

Derek McDowell: This provision is an interesting and important innovation. Section 19(a)(b) is broadly phrased in that it allows a vehicle to be impounded if, in the opinion of a garda, it is being used without a roadworthiness certificate having been issued in the country where it was registered. I take it from that there is no obligation on foreign drivers or drivers of foreign registered cars to display...