Olivia Mitchell (Dublin South, Fine Gael)
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Question 175: To ask the Minister for Transport if it is his intention as reported to ban heavy goods vehicles including bus-coaches from the outside lane of motorways and to make them liable for penalty points or if this ban is to apply to passenger carrying vehicles. [8687/06]

Martin Cullen (Waterford, Fianna Fail)
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Under article 33 of the Road Traffic (Traffic and Parking) Regulations 1997, it is prohibited to drive a heavy good vehicle, a bus or coach that accommodates more than eight passengers and any vehicle that is towing a trailer etc, in the outside lane of a motorway except where it is necessary to proceed in that lane due to an obstruction or because another lane or lanes is or are for the time being closed to traffic.

Those classes of vehicles are subject to a maximum, vehicle-related speed limit of 80 km/h whereas the default motorway speed limit is 120 km/h. This 1997 ban on driving in the outside lane of motorways is included in the Schedule of offences listed in the Road Traffic Act 2002 to which the penalty points system can be applied and it is one of the 31 offences to which I propose to extend the penalty points system in April 2006. From April penalty points will be applied to the driving licence records of drivers of vehicles in the classes mentioned who are convicted in court or after payment of a fixed charge in lieu of going to court as a result of breaching this motorway driving rule.

Róisín Shortall (Dublin North West, Labour)
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Question 176: To ask the Minister for Transport the statutory instrument governing the use of bus lanes; the regulation regarding the use of contra-flow bus lanes by taxis; the reason taxis are permitted to use some of these but not others; his views on whether they should be allowed to use all bus lanes; and if he will make a statement on the matter. [8697/06]

Martin Cullen (Waterford, Fianna Fail)
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Provisions regarding the use of bus lanes are set out in articles 32 and 39 of the Road Traffic (Traffic and Parking) Regulations 1997, SI 182 of 1997, as amended in article 2 of Road Traffic (Traffic and Parking) (Amendment) Regulations 1998, SI 441 of 1998.

Article 32 provides that only large public service vehicles and cyclists can enter bus lanes during the operative period and that an exception is made for a taxi or a wheel chair accessible taxi which is being used in the course of business. It is also provided that, except for the purpose of access, only large public service vehicles can enter a bus-only street. The result of this measure is that taxis and other vehicles can use a bus-only street if access to premises on that street is required.

In addition, the article provides that only a large public service vehicle can enter a contra-flow bus lane. This prohibition and single user status is based on road safety considerations and to give priority to the operation of large public service vehicles. I have no plans to permit taxis to use all bus lanes.