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

Paddy Burke: I wish to deal with the point raised by Senator McDowell. What is proposed is a cumbersome way of testing because the dogs in the street will know the location of the checkpoints. How far in advance will a superintendent or other officer make an order authorising the testing and will the officer make it on a daily, weekly or monthly basis, because the officer must specify the location? The...

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

Paddy Burke: Amendment No. 25 in this group refers to taking a sample. At the moment if a person breaks a checkpoint and refuses to give a sample he is not automatically disqualified. Our amendment proposes that the person can be disqualified in those circumstances.

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

Paddy Burke: Australia has booze buses in areas where police do random breath testing and the police there advertise when they are carrying out random breath testing. Will it be the same here or will it be the case that gardaí can just step out and stop a person to conduct a random breath test?

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

Paddy Burke: That is precisely the point. Booze buses are made available in Australia to deter people who have been drinking from driving. They act as a deterrent. The Australian authorities are quite happy if such people do not drive. They do not try to trap people with random breath tests after they get into their cars. They go out of their way to advertise that testing will take place so that the...

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

Paddy Burke: I move amendment No. 34: In page 7, lines 17 and 18, to delete subsection (4) and substitute the following new subsection: "(4) The fixed charge is €300 and such fixed charge shall be index-linked to the inflation rate as set by the European Central Bank and automatically updated on the 1st of January each year after the coming into force of this section." This amendment seeks to provide...

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

Paddy Burke: I appreciate what the Minister of State has said. I had hoped he would accept the amendment I have proposed, but it seems he is aware of some other way of linking all fines to inflation. I will withdraw the amendment.

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

Paddy Burke: I move amendment No. 35: In page 7, subsection (5), line 22, to delete "for" where it firstly occurs, and substitute "from". I would like to hear the Minister of State's comments on these amendments.

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

Paddy Burke: I move amendment No. 38: In page 7, subsection (6), line 26, after "section" to insert "is". I would like the Minister of State to comment on amendments Nos. 38 and 39.

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

Paddy Burke: In view of the Minister of State's remarks, I will withdraw the amendment.

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

Paddy Burke: I move amendment No. 40: In page 7, subsection (7)(c), line 40, after "notice" to insert the following: ", but the person shall continue to be liable to prosecution in the same manner as if such fixed charge notice had not been served,". This is an important amendment and I ask the Minister of State to consider accepting it.

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

Paddy Burke: On foot of the Minister of State's remarks, I will withdraw the amendment with a view to tabling it on Report Stage. Perhaps the Minister of State will table a similar amendment.

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

Paddy Burke: I move amendment No. 44: In page 8, subsection (8), line 6, to delete "should in the circumstances have known" and substitute ", in the circumstances, could reasonably have been expected to have known". This is an important issue and I ask the Minister of State to consider it. If the system errs, the person involved will pay the price, which is unfair. This is why I tabled the amendment....

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

Paddy Burke: In view of the Minister of State's comments, I hope he will review this matter before Report Stage. I may resubmit the amendment on Report Stage.

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

Paddy Burke: I move amendment No. 48: In page 8, subsection (9)(b), line 17, to delete "Exchequer" and substitute "State". This is a technical amendment.

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

Paddy Burke: I move amendment No. 52: In page 8, between lines 38 and 39, to insert the following subsections: "(13) A person who, subsequent to the receipt by that person of a notice under subsection (11), drives or attempts to drive a mechanically propelled vehicle in a public place, shall be guilty of an offence. (14) A person who is guilty of an offence under subsection (13) shall be liable on summary...

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

Paddy Burke: Yes.

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

Paddy Burke: Senator McDowell raises an important point relating to statistics. We should gather this information and make it freely available to public representatives, the media and the public. Legislation was passed on the Road Safety Authority recently. Will all of this information be collated and passed on to this authority in future or will we have access to the information mentioned by Senator...

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

Paddy Burke: I move amendment No. 57: In page 11, line 29, after "disqualification" to insert the following: ", provided that there are extraordinary and exceptional circumstances to justify such an application". This amendment relates to the removal of disqualifications. Until now, one could apply to get a licence back after six months. I propose that this would only apply when extraordinary and...

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

Paddy Burke: I thought we had discussed amendments Nos. 59 and 60 already.

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

Paddy Burke: I move amendment No. 59: In page 11, line 39, to delete "two-thirds" and substitute "three-quarters". I would like to hear the Minister of State's thoughts on this issue.

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