Leo Varadkar (Dublin West, Fine Gael)

This amendment relates to section 29 of the 2010 Act which deals with the fixed penalty notice for drink driving. Subsection (8) sets out the penalties and disqualifications in regard to certain limits. However, the blood limits are the only limits set out in the subsection. As a result, this amendment proposes to include the equivalent information in respect of breath and urine limits. The amendment also makes a minor correction to a reference in subsection 11(b).

A new subsection 18(a) is being inserted to bring consistency to the legislation, as in all other provisions dealing with the fixed charge notices. This amendment provides that the delivery docket or receipt by An Post or another postal provider is admissible as evidence as proof of postage in respect to a fixed penalty notice. Essentially, this Government amendment does two things. First, it corrects the mistake Senator Mullen almost made with there being mention in this section of only blood and not of urine and breath. It corrects that error. It allows for a delivery docket or receipt by An Post or another postal provider to be proof of postage in the case of a fixed penalty notice - in the case of a fine, not a summons.