Paul Gogarty (Dublin Mid West, Green Party)
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Question 329: To ask the Minister for Transport the reason for the ongoing delay in introducing penalty points for driving with a hand-held mobile phone; when it is planned to bring in this much needed change; and if he will make a statement on the matter. [8050/06]

Paul Gogarty (Dublin Mid West, Green Party)
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Question 330: To ask the Minister for Transport if studies have been carried out here or internationally into the dangers of driving using hand-held mobile phones. [8051/06]

Paul Gogarty (Dublin Mid West, Green Party)
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Question 331: To ask the Minister for Transport the international examples which have been studied in terms of legislation banning hand-held mobile phone use in cars. [8052/06]

Paul Gogarty (Dublin Mid West, Green Party)
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Question 332: To ask the Minister for Transport the percentage of minor and serious road accidents respectively which have been linked with the use of hand-held mobile phones over the past five years; and if he will make a statement on the matter. [8053/06]

Martin Cullen (Waterford, Fianna Fail)
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I propose to take Questions Nos. 329 to 332, inclusive, together.

The Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 2002 prohibit the use of a hand-held mobile phone while driving a motor vehicle. Under the Road Traffic Act 2002 these regulations are included in a schedule of enactments for which penalty points may be applied in the event of a contravention. It is also the case that penalty points can apply if using a mobile phone is deemed by the gardaí to result in careless driving.

Following advice from the Attorney General that the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations 2002 are open to challenge in the courts on the grounds that they may be ultra vires, my Department has been preparing a legislative framework to address the overall regulatory questions arising from the development of in-car technologies, which would include mobile phone use. The necessary preparations have now been made in that regard and it is my intention to include appropriate provisions in the next road traffic Bill. Assuming the enactment of that legislation by the Oireachtas, it would be the intention to make new regulations, restating the prohibition on the use of a hand-held mobile phone while driving a vehicle at an early date, following enactment of the legislation.