Gay Mitchell (Dublin South Central, Fine Gael)
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Question 135: To ask the Minister for Transport the date in October 2005 from which the promised new on-the-spot fines, the mandatory fitting of digital tachographs and the special discs for legitimate hauliers will be introduced; and if he will make a statement on the matter. [28826/05]

Ivor Callely (Dublin North Central, Fianna Fail)
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Section 16 of the Road Transport Act 1999 provides for an on-the-spot fine in lieu of prosecution for offences under the Road Transport Acts and EU regulations on drivers' hours and rest periods. The commencement of this section has been the subject of discussions with the Attorney General's office and the advice now is that a new provision in primary legislation will be required to ensure compatability with current fixed penalty charges legislation before this section can be brought into effect. I will take the opportunity to deal with this matter in legislation when a suitable opportunity arises.

The commencement order to introduce the provisions of sections 4 to 8 of the Road Transport Act 1999, relating to the introduction of the transport disks, came into force on 30 September last. My Department will issue disks to all current licence holders in the coming weeks. Once issued, it shall be illegal for the holder of a road freight carrier's licence, a road passenger transport operator's licence or a community licence, to operate a vehicle for hire or reward unless that vehicle is displaying the transport disk issued in respect of the vehicle in question.

The current date for the compulsory fitting of digital tachographs on all new buses and lorries within the EU is 1 January 2006. However, a deferral of this date is still the subject of discussion between the European Parliament, the Council of Ministers and the European Commission.

My Department will shortly be able to support those companies planning to introduce digital tachographs in advance of the compulsory requirements. I expect to make in the coming weeks the necessary statutory orders for the introduction of the digital technology, including the issue of driver cards, company cards, workshop cards and enforcement cards as required under EU law. The necessary technical arrangements for this are now in place. Once the necessary orders are made, the Department will commence the issue of such cards as the demand arises from the industry.

My Department will continue to support existing buses and lorries using analogue tachographs until analogue technology is phased out over the coming years.