Séamus Kirk (Louth, Fianna Fail)
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Question 222: To ask the Minister for Transport the position in relation to heavy goods vehicles pulling out on a two lane motorway, having regard to the new penalty points offences introduced in this area. [18685/06]

Martin Cullen (Waterford, Fianna Fail)
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The prohibition on the use of the outside lane on a motorway by certain classes of vehicles, including heavy goods vehicles, 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, is a driving rule that was introduced as far back as 1 October 1997 with the commencement of the Road Traffic (Traffic and Parking) Regulations 1997 (SI No. 182 of 1997). The term "obstruction" is not defined in the Road Traffic (Traffic and Parking) Regulations 1997 but article 5 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".

The breach of the regulation that prohibits driving in the outside lane was scheduled by the Oireachtas to be a penalty point offence in the Road Traffic Act 2002 and I gave effect to this from 3 April 2006.