Olivia Mitchell (Dublin South, Fine Gael)
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Question 209: To ask the Minister for Transport if he has considered the possibility of dangerous convoys of slow moving heavy goods vehicles and buses moving at the speed of the slowest vehicle on a motorway resulting from a strict prohibition on the use of any lane other than the left hand lane; and if he will make a statement on the matter. [12465/06]

Martin Cullen (Waterford, Fianna Fail)
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In relation to motorways it is prohibited since 1997 under article 33 of the Road Traffic (Traffic and Parking) Regulations 1997 to drive large heavy goods vehicles, a single-deck bus or coach that accommodates more than eight passengers or any vehicle towing a trailer, etc., in the outside lane 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. This driving rule only applies to outside lanes on motorways so a driver is not prohibited from driving in the outside lane of a dual carriageway on other classes of road.

I would draw attention to the fact the term "obstruction" is not defined in the Road Traffic (Traffic and Parking) Regulations 1997 and that Article 5 of these 1997 regulations, as substituted by article 5 of the Road Traffic (Traffic and Parking)(Amendment) Regulations 1978, SI 274 of 1978, provides that the regulations "shall apply save where compliance is not possible as a result of an obstruction to traffic or pedestrians or because of an emergency situation confronting a road user which could not reasonably have been expected or anticipated".

Several factors, including those raised by the Deputy, have been considered. The issue of speed differential between vehicles travelling on a motorway is the main factor behind this policy in that these categories of vehicles are subject to a maximum ordinary speed limit of 80 km/h whereas the default maximum speed limit for other vehicles driving on motorways is 120 km/h.

Penalty points will be applied to the driving licence records of drivers who are convicted of an offence or to those who pay a fixed charge to the Garda in order to prevent the instigation of court proceedings. This road traffic offence 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 from 3 April 2006.