Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 77: To ask the Minister for Justice, Equality and Law Reform the latest figures for the prosecution of persons driving vehicles that are exceeding the proscribed air pollution limits. [5095/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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Legislation governing road traffic law is a matter for my colleague, the Minister for Transport, and I have been informed by his Department that there is no legislation in place governing air pollution limits for vehicles. However, I have been further informed by the Department of Transport that the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963, SI 190 of 1963, requires vehicles to be constructed so as to prevent, as far as reasonably possible, the emission of smoke, visible vapour, noxious gases or offensive odours.

I have made inquiries with the Garda authorities and I understand that since 1 January 2002, there have been 30 prosecutions for smoking exhausts contrary to Article 34(2), Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963, as amended.